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PRESENTED BY 



Hf/^ 



GOVERNMENT IN 
STATE AND NATION 



GOVERNMENT IN 
STATE AND NATION 



BY 
9 



J. A. JAMES, Ph.D. 

PROFESSOR OF HISTORY IN NORTHWESTERN UNIVERSITY 



A. H. SANFORD, M.A. 

» 

PROFESSOR OF HISTORY AND GOVERNMENT, STATE NORMAL SCHOOL 
LA CROSSE, WISCONSIN 



REVISED EDITION 



CHARLES SCRIBNER'S SONS 

HEW rOBX ciin 400 BOSTON 

i1u. 






CoPTBIQHT, 1001, 1911, BY 

CHARLES SCRIBNER'S SONS 







PREFACE 

The subject-matter herewith presented partially rep- 
resents the plan pursued by the authors as teachers of civil 
government for a number of years in secondary schools. 
A study of the actual methods by which the affairs of gov- 
ernment are conducted gives constant interest to the w r ork, 
and consequently the practical side has been emphasized. 
Many problems besides those presented in the supplement- 
ary questions may be worked out from the official re- 
ports. 

Scarcely a month passes without the appearance in the 
more noted magazines of articles on phases of govern- 
mental activity which have permanent value. No attempt 
has been made to give references to all of this material which 
has appeared during the past ten years. The ability of 
the reader has been kept constantly in mind and the inten- 
tion has been to refer only to such articles as would be of 
value to students in high schools, academies, and normal 
schools. 

We arc under especial obligation to teachers who have 
used the fir-r edition of the book for their helpful sugges- 
tions on desirable modifications. 



CONTENTS 

PAGK 

Preface, v 

Some Suggestions to Tea* eebs xi 

Introductory Chapter, xiii 

PART I 



LOCAL GOVERXMEXT 

CHAPTER 

I. — Town and County Government, . 



II. — State Governments, 

III. — State Governments {Continued), 

IV. — City Government, 

V. — Elections and Party Government, . 

VI. — Public Finances 

VII. — Judicial Triads 

Vm. — Charitable and Penal Institut* 

IX. — Educational Systems 

X. — The Exeri ise of the Police Power, 
XI. — Labor Legislation 



PAGE 

1 

9 

18 
26 
43 
54 
62 
70 
7S 

85 
03 



viii CONTENTS 

PART II 
THE NATIONAL GOVERNMENT 

CHAPTER PAGE 

XII. — Steps Leading to Union, ( .*7 

XIII. — The Constitutional Convention, 106 

XIV. — Organization of the Legislative Depabtm in t, ] 2 1 

XV. — Powers and Duties of the Separate II<>r- 

I. Impeachment 138 

II. The Quorum, Journal, and Freedom of 

Speech, 1 10 

XVI. — Procedure in Congress L45 

XVII. — National FINANCES L62 

XVIII. — Tin: POWEB or CONGRESS OVEB COMMER E» . . 171 

XIX. — Monet <>f the United States i y i 

I. Metal Money or Coin, l s l 

II. Paper Money, 184 

XX. — Other General Powers <>f C . . . . 191 

I. Power of Naturalization, 191 

II. The Postal System of the United States, . . ] 93 

III. Copyrights and Patents, 196 

IV. Piracies and Felonies, 199 

V. Military Powers of Congress, 199 

VI. Location of the Capital, 203 

VII. Implied Powers, 204 



CONTEXTS ix 

CHAPTER PAGE 

XXI. — Powers Denied the United States and the 

Several States 208 

XXII. — The Executive Department, 213 

XXIII. — The Election of a President, 222 

XXIV. — Powers and Duties of the President, . . 233 

XXV. — The Cabinet and the Executive Depart- 
ments, 244 

XXVI.— The Judiciary, 261 

XXVII. — Relations between the States and between 

Federal Government and the States, 271 

XXVIII. — Territories and Public Lands, 274 

XXIX. — Amendments to the Constitution, . . . .288 

XXX. — The Relat: - -tate* and Xation, . . _ 

XXXI. — Some Features of International Law and 

Arbitration, 301 

APPEXDK 

PAGE 

A.— Constitution of the United - - of America, 308 

FEDERATION, 324 

C. — Rerbence Books 333 

INDEX, 337 



SOME SUGGESTIONS TO TEACHEES 

We trust the following observations may be of value to 
teachers in the use of this book, and at the same time an- 
swer certain questions which we are assured will arise. 

1. There are but few questions given on the subject- 
matter of the tvxt y for each teacher will doubtless prefer to 

ent the topics in his own way. ^Yhile some of the dis- 
ons and many of the suggestive questions are intended 
to make students realize more completely their duties as 
citizens, many more having a local bearing will occur to 
teachers. "Topical outlines" are omitted, for by the aid 
of the marginal topics students will be able to make out- 
lines tor themselves which will be of vastly greater inter- 
est and value. 

2. All teachers may not care to use the parts of the book 
in the same order, and the arrangement is such that either 
Local (Part I) or National Government (Part II) may be 
studied first. In the work on local government, it is not 
expected that the student will learn all of the different prac- 
tices found in the various States, but that he will compare 
them with those of his own State. 

There are more supplementary questions and refer- 
, doubtless, than can be used by any one class, but 
will give the teacher an opportunity for selection. A 
numl>er of the references may be used each day by assign- 
ing special problems to individual students. 

4. It i- scarcely to be hoped that all the books and mag- 
azines mentioned will be found in any high-school library, 
but the need for supplementary reading is being met 



xii SOME SUGGESTIONS TO TEACHERS 

through the rapid increase of public libraries. Great care 
has been taken in selecting the books which are given in 
Appendix C, and by adding a few of these each year a work- 
ing library on the subject of Civics may soon be secured. 
Many of the reports issued by the government may be read- 
ily obtained by applying to your Congressman or to the 
government officials. 

5. Some teachers may have difficulty in securing the pe- 
riodical literature. In nearly every village there are per- 
sons who have subscribed for these magazines for a number 
of years and would be willing to present them to the school 
library. 



INTRODUCTORY CHAPTER 

NEED OF GOVERNMENT 

The control of our actions by some kind of government 
precedes our earliest recollections; this we have constantly 
experienced in the family and in school. Wherever men 
live in communities they are under political government; 
their relations with one another must be regulated by well- 
understood rules in order that they may live and conduct 
business in security. By means of political government, 
also, communities find it convenient to increase the com- 
forts of life, as in the building of good roads and streets; 
they furnish themselves with the means of education and 
culture through schools and libraries. For such purposes 
the government of town, village, and city is of the first im- 
portance. But business and political relations exist among 
communities, as well as among individuals. Consequently, 
our local governments must be supplemented by organiza- 
tions that cover larger areas and include many communi- 
therefore the county and State governments are 
formed. For the same reasons, and also for reasons of 
which we learn in the study of United States history, a gov- 
ernment for the United States became a necessity at the 
very beginning of our National life. 

In these various political organizations the plan of gov- 
ernment is the same. In the Gist place, there is always the 
law-making body, prescribing the regulations to which men 
must subject themselves if they are to live together in har- 
mony. Again, because laws do not enforce themselves, 



xiv INTRODUCTORY CHAPTER 

officers are selected to see that these provisions are carried 
out. Finally, since men frequently disagree as to the 
meaning of laws, and because there are always those who 
wilfully violate them in order to secure some personal ad- 
vantage, courts are established in which the laws are in- 
terpreted and offenders are judged. We have, then, the 
three departments of government — legislative, executive, 
and judicial. 

The system of local government to which you are ac- 
customed did not grow up spontaneously! nor was I 
tablished arbitrarily. There are reasons to be found in 
history and in the nature of the environment which explain 
many of its details. The same may Ik 4 said of our State 
and National systems. In consequence, we shall find it 
advantageous to trace briefly some historical Origins of 
government in our country. Again, it is evident that no 
system of human government is perfect In every com- 
munity the defects of laws and their non-enforcement are 
familiar topics of discussion, while the failures of State and 
National governments at certain points are no less con- 
spicuous. These are the problems to which our attention 
will be directed in the course of our study. 

For the most part, however, it will be our task to study 
government as it now exists in town and city, State and 
Nation. We shall look backward into history only when 
this is necessary for the understanding of our present forms 
and practices. We shall look forward to the solution of a 
few of the simpler problems that now confront us. A study 
of the deeper origins and of the more profound problems 
must be postponed to the years of advanced work in coU 
lege. 



PART I 

LOCAL GOVERNMENT 



CHAPTER I 
TOWN AND COUNTY GOVERNMENT 

When, in the seventeenth century, Englishmen made The origin 
settlements along the Atlantic coast, some form of local govem- 
government became an immediate necessity. They 
adopted consequently the political usages to which they 
had been accustomed at home, selecting those offices and 
forms of procedure that seemed best adapted to their needs 
and surroundings. Because natural conditions and the 
ideas of the settlers varied considerably in the different col- 
onies, we find several varieties of local government grow- 
ing up. But since these local governments were all es- 
tablished by Englishmen, and, moreover, by Englishmen 
of very similar habits and social grades, we find, on the 
whole, great similarity in their fundamental features. 

The most marked differences are seen in a comparison New Eng- 
of local governments in New England and in Virginia, ditioos. 
The settlers of New England found themselves upon a 
coast indented by many bays and harbors; the country 
was hilly and the soil stony; streams were abundant but 
generally small, rapid, and unfit for navigation; the sea 
abounded in fish and the forests yielded excellent timber. 
ThfM' physical conditions hindered the rapid spread of 
population over large areas and offered many inducements 

1 



TOWN AND COUNTY GOVERNMENT 



The town 
type: 
meetings, 
officers, 
and func- 
tions. 



Origin of 
Virginia 
local gov- 
ernment. 



for the gathering of the inhabitants into towns. More- 
over, this tendency was in accord with the wishes of the 
Puritans. They desired, above everything, to foster the 
religious life of the little church communities into which 
they grouped themselves. They believed that all settlers 
should take an active part in worship and in the govern- 
ment of the church, and that consequently all should live 
within a short distance of the meeting-house. 

Under these circumstances the New Englanders put into 
practice those features of the ancient English township 
government that were best suited for governing their little 
towns. Onceayear,oroftenei\the voters assembled in town 
meeting to elect officers and to engage in general discussion 
of town affairs. Here taxes wen 1 levied, and the support of 
the poor, the maintenance of highways, church, and school 
were provided for. The officers of the town were th< 
lectmen, a board having general oversight of town affairs, 
the treasurer, clerk, constables, school committee, assessors, 
fence-viewers, and frequently many others. The remark- 
able features of New England town government were the 
freedom with which all matters of public interest were dis- 
cussed in the town meeting, and the can 4 with which all 
affairs of government wen 4 guarded by officers and people 
alike. Early in the history of the Massachusetts Bay Col- 
ony towns were grouped into counties, and justices were 
appointed who held court in the towns of each county. 
Scarcely any but judicial matters were intrusted to the 
county government. The centre of political life in New 
England was the town, hence we have here the town or 
township type of local government. 

A very different type of local government was developed 
in Virginia. If we contrast the physical geography of this 
section with that of New England we see how every in- 
ducement favored the scattering of population and the de- 
velopment of great plantations. The influence of tobacco 



TOWN AXD COUNTY GOVERNMENT 3 

cultivation and of slavery was in the same direction. Since 
the desire for individual gain prompted most of the settlers, 
there were no strong ties tending to bind the people into 
compact communities. There were scarcely any towns in 
Virginia. Consequently the settlers were driven to select 
those features of English local government that were best 
adapted to their sparse settlements. 

The local organization corresponding to the town of The vestry. 
New England was the parish. The vestry, a group of 
officers originally elected by the members of a church, was 
given control of matters relating to the church and the 
poor. Other functions of local government were placed The county 
in the hands of the county court, a body composed of jus- 
tices originally appointed by the governor of the colony. 
The county court administered justice, but it also had im- 
portant legislative functions, for it levied taxes for coimty 
purposes, maintained highways, and exercised general con- 
trol over such affairs of local government as were not in 
charge of the vestrv. Its authoritv extended over the 
coimty, which was sometimes divided into two or more par- 
ishes. The other important county officers were the sheriff The county 
(who, besides being a court official, was county treasurer) t>pe ' 
and the lieutenant, or commander of the militia. The 
original method of appointment in both vestry and county 
court was changed so that members came to be chosen in 
each case by the body itself. 

We may note three points of contrast between the two Contracts 
us of local government described above. (1) The th< 
principal functions of government (taxation, education, 
care of road-, public safety, etc.) were exercised in New- 
England by the towns, and in Virginia by the counties. 

(2) In Virginia the conduct of local government was in 
the hands of a limited body of prominent men, while in 

England the mass of voters participated more freely. 

(3) In New England the deputies sent to the colonial as- 






TOWN AND COUNTY GOVERNMENT 



The result 
of these 
differences. 



The town- 
ship-county 
type: 
location 
and di- 
vision of 
powers. 



The origin 
of local 
govern- 
ment in the 
West. 



sembly were selected from the towns, while the members 
of the Virginia assembly (the House of Burgesses) were 
sent from the counties. 

The New England type of local government gave the 
people much practical political education, while that of 
Virginia developed a class of intelligent, public-spirited 
leaders. These facts are of great consequence in colonial 
history, especially in that period when resistance to the 
English Government made Massachusetts and Virginia 
leaders in the Revolution. 

The middle Atlantic colonies present a medium in cli- 
mate, soil, and physical structure between the extremes of 
New England and Virginia. This is also true of the meth- 
ods of settlement and the occupations of the people. Sim- 
ilarly, the type of local government developed in these col- 
onies seems to be a compromise between the two types that 
we have been considering. It has been called the mixed or 
township-county system of local government. Like New 
England, the middle colonies had both townships and coun- 
ties, but there was a much more equal division of powers 
between these units. At the same time, the county was 
not so important as in Virginia. In New York the town- 
ship was more prominent than the county, while in Penn- 
sylvania county officers performed the most important 
functions. 

The colonial systems above described have been much 
modified. In New England it has been found convenient 
to enlarge the functions of the county and to diminish those 
of the town. In Virginia and throughout the South the 
township has become an increasingly important organiza- 
tion. Still, in each of these sections the system cf local 
government now in use bears the stamp of its origin. 

In the Western States, the character of local government 
has been greatly influenced by the origin of the settlers. 
The general trend of population, as it moved westward 



TOWN AND COUNTY GOVERNMENT 5 

from the thirteen original States, was along parallels of 
latitude. Consequently, in the South we find the county 
type prevailing. Nowhere, however, does the pure town 
type exist, for the Northern States all have the mixed sys- 
tem. These States may be divided into two groups ac- 
cording as the town or the countv is given more extensive 
functions. The States in the first group (Michigan, Illi- 
nois, and Wisconsin) have been influenced by the examples 
of New England and New York. In these States there 
is the annual town meeting of voters, where officers are 
elected and matters of town government are discussed. 
We have here the form of a pure democracy. A town The super- 
board has general charge of town affairs. This group of 
States is also distinguished by the nature of their county 
boards, which are composed of supervisors elected in the 
various towns, villages, and wards. This supervisor sys- 
tem of county government originated in New York, in 
colonial times. 

In the second group (Ohio, Indiana, Kansas, Missouri, The com- 
Nebraska, Colorado, Oregon, and California) the county form. 
is of more importance in local government. There is no 
town meeting. A town supervisor (or board of super- 
visors or trustees) exercises some powers that would be 
exercised by the town meetings in other States. But here 
the county board exercises more of such functions; it has 
extensive powers over the poor, health, highways, taxa- 
tion, etc. Unlike the county board in the other <rroup of 
States, it is composed of members elected at large* or from 
districts of the county. They are few in number and are 
called commissioners. 

In all the Northern States there is a £roiip of other town 
officers besides the supervisors — clerk, treasurer, assessor, 
Constables, and various minor officers and boards. The 

* That Is, r of the county may ¥Ot€ for the entire number of 

commissioaers that are to be elected at any election. 



6 TOWN AND COUNTY GOVERNMENT 

county is the basis of court organization; so there is a 
judge, a sheriff, and a clerk of the court. Frequently 
we find several counties grouped into a district or circuit 
throughout which a single judge holds court sessions. 

In some cases taxes are collected by the sheriff, but gen- 
erally there is a county treasurer. Other county officers, 
most of whom are elected by the voters, are the superin- 
tendent of schools, the register of deeds, or recorder, the 
surveyor, and the coroner. 

Villages. As population becomes dense in certain localities, vil- 

lages and cities arc organized. Village government is 
sometimes entirely distinct from town government; some- 
times it is united with the latter for general purpog 
though sustaining its own officers for special purposes. In 
either case the governing body is a board with an executive 
head, generally called the president. 311 

Cities. Cities have governments similar in general plan to those 

of villages; but there are more officers and their functions 
are more extensive. The conditions of city life give rise 
to new problems of government to which we shall give at- 
tention in a separate chapter. 

Such, in bare outline, is the organization of local gov- 
ernment in the States to-day. In the actual processes by 
which local government is carried on, towns, villages, and 
cities (or divisions of cities called wards) are regarded as di- 
visions of the county. Counties are themselves divisions 
of the State. Now, there are some activities of government 
in which the local units alone are concerned, as in the main- 
tenance of roads, streets, and bridges, and the care of the 
poor. But in many important matters the processes merely 
begin in the local units and are completed by the action of 
State officials. For example, taxation and election proc- 

* Various terms are in use. In Pennsylvania there is the borough with 
a burgess at its head. In Virginia the corresponding organization is the 
town, with a mayor as executive officer. 



TOWN AND COUNTY GOVERNMENT 7 

- involve both loail and State governments. The same 
is true, in many eases, of the administration of justice and 
the maintenance of school systems. Hence, it will be nec- 
essary to take a general view of State government before 
considering how these operations are carried on. 

Supplementary Questions and References 

1. The history of local government in the colonies: James 
and Stanford, American History, 92-9S; Thwaites, The Colonies, 
55-5S; Fisher, The Colonial Era, 60, 99, 167; Channing, The 
United States of America, 37-38; Wilson, The State, 449-45S; 
Lodge, A Short History of the English Colonies, 4S-59, 5S-59, 
414-417; Hart, Formation of the Union, 11-13; Bryce, American 
Commonwealth, 5S9-593; Bancroft, History of the United States, 
I. 285-286, 449. 

2. For descriptions of local systems as they are at present, see 
Bryce, I, chapters 4S and 49; Wilson, The State, 524-53S; Beard, 
American Government and Politics, 638-655. 

3. Make a study of a town: (1) With a map, as to its location, 
size and shape.* Compare with other towns in the same county. 
( 2 1 What officers has the town ? For what terms are they elected ? 
How are they paid? What general duties does each have? Is 
the town board a legislative or an executive body? (3) Is there 
a town meeting ? If so, what business does it transact ? Did you 
ever attend one? 

4. Study the organization of a village government. In what 
respects does it differ from the town government ? Why ? 

5. What is the area and population of the county in which you 
! What is the county seat? Have you visited the county 

buildings? Who has charge of them? 

6. How many townships are there in your county? Estimate 
the total number of local officers. How many counties are there 

Are they generally regular or irregular in shape? 
Compare counties of other 

* In the Congressional to leterminerl by the United 

8tates La: frequently determines the boundaries of the town. 

See. pp. 280-282. 



8 TOWN AND COUNTY GOVERNMENT 

7. Make a list of your county officers, the length of term and 
salary of each. What are the principal duties of each ? 

8. Is the county board elected on the commisssioner plan or 
the supervisor plan ? 

9. To which type of local government does the system of your 
State most nearly conform ? Account for its origin. 



CHAPTER II 

STATE GOVERNMENTS 

As town and county governments in the thirteen colo- The general 
nies were modelled upon ideas and practices derived from colonial 
England, so the central government of each colony took merits, 
form upon the plan of England's central government. And 
this plan may be seen to-day in the governments of our 
State- and in that of the United States: all have the division 
into three departments — legislative, executive, and judicial 
— the legislature generally being composed of two branches. 
There were many variations among the colonies in the de- 
tails of government, but at the time of the Revolution there 
was one important point of likeness: viz., each had an 
elective representative assembly. Moreover, it had be- 
come established in practice that the assembly should leg- 
islate upon matters affecting the internal welfare of the 
colony, and especially that it should exercise the vital func- 
tion of levying taxes. Thus was erected in each colony 
the form of a free government, while the habit of self- 
go vernment became established through the neglect of 
England to interfere seriously with the powers exercised 
by the colonial assemblies. 

We may further analyze colonial governments by classi- Glamifica- 
fying them upon the basis of the method by which the gov- colonies. 
ernor obtained his office. There were three forms: Re- 
publican, the people electing the governor (Connecticut 
and Rhode [sland); Proprietary, the governor appointed 
by the proprietor (Maryland, Pennsylvania, and I >elaware); 
Royal, the king appointing the governor (the eight remain- 
ing colonies). 

9 



10 



STATE GOVERNMENTS 



How State 
constitu- 
tions came 
about. 



Origin of 
State con- 
stitutions. 



Constitu- 
tional 
conven- 
tions. 



The Revolution transformed the colonies into States, the 
new State governments being formed in 177G and the next 
few years.* One of the first steps in this process was the 
formation of written constitutions. It was natural that 
these should be framed in the new States, because the 
colonial assemblies and officers had become accustomed 
to exercising their powers under the superior authority of 
their charters. So in each State a written constitution 
seemed necessary as a fundamental law, outlining the 
framework of State government. The constitution of a 
State, then, is its supreme law, SO far as purely State au- 
thority is concerned. All laws must conform to its pro- 
visions; all officers take oaths to support it. It IS the duty 
of the State judiciary to sec that official acts .stand in 
conformity with it. 

The States admitted into the Union after the adoption of the 
Federal Constitution (17S9) used that instrument Bfl a model to 
some extent. Bui still greater was the influence of the old State 

constitutions upon the settler- from the East who were BO rapidly 
building the new commonwealths of the West. So, while the 
constitutions of all the present States show, by their great simi- 
larity, their common origin, there are variations that may be 
traced backward along lines of westward migration to their 
sources in the original States. 

State constitutions have generally been made in State conven- 
tions composed of delegates chosen for that purpose. In some 
States new constitutions have been made in this way to super- 
sede old ones. When an entirely new constitution has not been 
considered necessary, amendments have been adopted; these have 
been framed either by the State legislature or by a State con- 
vention. In most cases, whether in the adoption of a constitu- 
tion or of an amendment, a vote of the people is an important 
step in the process, t So it may be said that State constitutions 
proceed from the people. 

* James and Sanford, American History, 157, 158. Connecticut and 
Rhode Island continued their charters in force as constitutions. 

t This was not the case in the adoption of their constitutions by the 
thirteen original States (except Massachusetts); nor in the adoption of 
new constitutions by South Carolina, Mississippi, and Louisiana. 



STATE GOVERNMENTS 11 

The contents of State constitutions may be grouped Analysis of 
under three heads. (1) The Bill of Rights, which is pat- constitu- 
te rned after the earliest State constitutions and the first 
eight amendments to the Federal Constitution. By these 
provisions the fundamental civil rights of citizens are se- 
cured, such as the right of free petition and assemblage, 
fair trial by jury, exemption from unjust searches and 
seizures, freedom of religious worship, and freedom of 
speech and of the press. (2) The outline of the frame of 
government, showing the organization of the legislative, 
executive, and judicial departments, with general provi- 
sions as to their powers and the manner in which they 
are to be exercised. (3) Miscellaneous provisions. In 
recent years there is a marked tendency to increase the 
number of subjects treated in the State constitutions and 
to make more detailed regulations. Some new consti- 
tutions are of much greater length than the old ones, 
and are really general laws rather than mere frames of 
government. The purpose of these provisions is to limit 
the powers of the State legislatures. 

State constitutions confer all the law-making powers Legislative 

powers. 

upon the legislatures. These bodies do not attempt to 
exercise all such powers, but delegate local authority to 
other legislative bodies in school districts, villages, towns, 
cities, and counties. The county board and the city 
council, for example, are legislative bodies, but they de- 
rive all their powers from general or special laws framed 
by the State legislature. 

State legislatures are invariablv composed of two houses Organiza- 

1 . tion of 

— the Senate and the House of Representatives or Assem- st»to 

lejrisla- 

blv. The first of these houses has a smaller number of tures. 
members than the second; the members have longer 
terms than in the lower house, and the qualifications for 
member-hip may be higher. Members of the legislature 
are chosen from districts, and the redistricting of a State 



12 



STATE GOVERNMENTS 



The com- 
mittee 
system. 



How laws 
are en- 
acted. 



Restric- 
tions upon 
legislat- 
ures. 



is made necessary at stated times by the shifting of popu- 
lation. This is done by an apportionment act. An es- 
pecially unfair apportionment is called a "gerrymander" 
(see pp. 134-135). 

In all but a few States the sessions of the legislature are 
biennial. Methods of procedure are quite similar in all 
legislatures. A proposed law is called a bill. When a bill 
is introduced in either house, the presiding officer (usually 
called the Speaker in the lower house, and the President 
in the upper) refers it to a committee. Standing com- 
mittees are appointed in both houses, to each of which 
bills upon a certain subject are referred. This arrange- 
ment facilitates business and gives opportunity for more 
full consideration of the bills. 

A committee has almost absolute power over the bills 
in its charge — to amend them, to substitute new bills in 
their places, or to keep them. They may take testimony 
and hear arguments upon the bills. When they report 
back a bill to the house, they recommend either its pas- 
sage or its defeat, and usually the house follows the recom- 
mendation. Only a few of the important bills are fully 
debated in either house. After passing one house a bill 
is taken to the other, when 4 reference to a committee and 
other procedure follows as in the first house. A bill that 
passes both houses goes to the governor for his signature, 
when it becomes a law. He may, however, veto the bill; 
then it must pass each house again by a larger majority 
(usually two-thirds) if it is to be enacted into law. 

No State constitution attempts to give a list of the 
powers of the State legislature, but there is always a 
list of limitations upon its authority and upon the privi- 
leges of its members. These restrictions may be grouped 
under several heads. (1) They may limit the length of 
sessions and the method of paying members. (2) Special, 
local, and private legislation are prohibited upon certain 



STATE GOVERNMENTS 13 

subjects (such as city and corporation charters) and care- 
fully guarded upon others. (3) All financial legislation, 
such as taxation, and the borrowing and appropriation of 
money, must be enacted under close limitations. 

Besides the restrictions upon legislatures mentioned The legis- 
i i ..... ill lative 

above, many other constitutional provisions and laws have lobby. 

been enacted having the same effect. (1) The practice of 
lobbying has been placed under strict control. Persons 
who attend sessions of a legislative body for the purpose 
of using influence looking toward the passage or defeat of 
certain bills are called lobbyists. Many good measures 
are made possible in this way; but most of the bad meas- 
ures are the result of successful lobbying. 

It is in this way that the agents of corporations and "special Corporate 
interests" have at times worked their will in legislatures. Es- g overa- 
pecially when campaign contributions have been made by these ment « 
business interests (see pp. 51-52) they have demanded favorable 
legislation as a reward. Members of legislatures have been 
tempted by bribes or threatened with ruin. So privileges have 
been voted that were worth millions of dollars, to the entire 
neglect of public welfare. At times legislators have introduced 
bills that threatened to injure the business of a corporation, for 
the purpose of securing from it payment for defeating these 
very bills. This is called blackmail. Corporate influence in 
government is a power "for which our language contains no 
name. We know what aristocracy, autocracy, and democracy 
are; but we have no word to express government by moneyed 
corporations. " 

(2) Other laws provide the severest penalties for bri- 
bery and blackmail in connection with the passage of laws. 
(3) In some States the giving of passes by railroads has 
been prohibited, as tending to influence legislation. 

The enactment of the laws mentioned above indicates an What is 
increasing lack of confidence in legislatures. The people ^.Vern- 
cannot entirely shift the blame for this condition upon 
their representatives, since, through elections, they can 



14 



STATE GOVERNMENTS 



Represent- 
ative gov- 
ernment. 



The Ref- 
erendum. 



The Initia- 
tive. 



Propor- 
tional rep- 
resenta- 
tion. 



themselves determine the character of their law-makers. 
We are accustomed to speak of our system as government 
"by the people"; but it is only in town and school- 
district meetings that all the voters assemble and legislate 
directly; and even these meetings do not exist in all sec- 
tions of the country. Generally, therefore, law-making 
is a function of representative bodies, which are the vil- 
lage and county boards, city councils, State legislatures, 
and the National Congress. Hence we have not a pure, 
but a representative democracy, or a republic. This will 
be "government by the people" only if our representa- 
tives reflect accurately the opinions of a majority of the 
people. 

One way of testing this question is through the " Ref- 
erendum. " This consists of the requirement that when a 
certain number of citizens petition for it, a law must be 
submitted to the people for ratification or rejection. The 
idea of the referendum is in use in local governments when 
the people vote upon such questions as the issuing of 
bonds, the licensing of saloons, or the adoption of munici- 
pal ownership. But there is now a demand for its use 
with reference to any law passed by a legislature, upon the 
plan stated above. 

Another device intended to make legislatures repre 
sent the people more accurately is the "Initiative." If 
a certain per cent, of the total number of voters petition 
for a law, it must be considered by the legislature ; or, it 
may be placed before the people for acceptance or rejec- 
tion, without the intervention of the legislature. The 
adoption of the initiative and referendum brings about 
"direct legislation" in the matters to which they refer. 

By "Proportional Representation" is meant the dis- 
tribution of the members in a legislative body among the 
political parties in the same proportions as the voters are 
distributed. Frequently, one party has a number of repre- 



STATE GOVERNMENTS 15 

sentatives that is entirely out of proportion to its voting 
strength. This is because we elect representatives from 
districts. If the voters of two parties are quite evenly 
distributed throughout a State, one party may have a 
majority in so many districts that the voters of the other 
party will not be adequately represented. Numerous 
devices have been proposed to correct this matter, but 
none is in general use. 

It is interesting to think of fortv-ei^ht State legislatures The wide 

B & scope of 

at work simultaneously upon the same general problems State laws, 
of public welfare. Their laws touch the interests of the 
people most directly; for we come into contact with the 
laws of the National government, passed by Congress, 
in comparatively few ways. But the most important 
business and social relations of life — buying and selling, 
holding, leasing, and inheriting property; the domestic 
relations of husband and wife, parent and child; the 
regulations necessary to make the people secure in health 
and comfort — all these fall within the sphere of State gov- 
ernment. " Space would fail in which to enumerate the 
particular items of this vast range of pow T er. To detail its 
parts would be to catalogue all social and business rela- 
tionships, to set forth all the foundations of law and 
order." 

Now, there are two aspects in which we may regard this Diversity 

mass of State laws. (1) Each State may fit its laws to fonnityaf 

laws. 
peculiar local conditions. This is one of the admirable 

features of our system of government. (2) But too much 

diversity is an eviL There are some subjects upon which 

greater uniformity is desirabfej especially in matters of 

business law. This is because an increasing number of 

business men and corporations have interests in more 
than one State. Numerous State legislatures have enacted 
uniform codes covering certain branches of commercial 
law. 



16 STATE GOVERNMENTS 

Supplementary Questions and References 

1. James and Sanford, American History. Origin of the As- 
sembly in Virginia, 45; in Maryland, 47-48; in Plymouth, 53; 
in Massachusetts, 56-58; in Connecticut, 61-62; in Carolinas, 
78; in Pennsylvania, 81. General discussion of colonial govern- 
ments, 133-134; 136-138. 

2. For fuller information concerning colonial governments, 
see Fisher, Colonial Era, 208-211; Sloane, French War and 
Revolution, 10-12; Thwaites, Colonies, 58-63, 192-193, 271- 
277; Hart, Formation of the Union, 5-10, 13-17, 80-81; Fiske, 
Critical Period, 65-69; Channing, United States of America, 
26-36,84-85; Wilson, The State, 468 

3. Did colonial governors have the veto power? Hart, 9. 
What was the governor's power over sessions of the colonial 
legislature? Thwaites, 50. What were the relations of colonial 
legislatures to royal governor-? Fisher, 209-210. 

4. Were any State constitutions formed before July 4, 177<>? 
Channing, 84-85. How long did Connecticut and Rhode Island 
keep their charters as constitutions? Why was this? Chan- 
ning, 36. 

5. What is the history of the f raining of your State consti- 
tution? Were the framers influenced by the example of another 
State? Compare the Declaration of Rights with Amendments 
I-VIII of the U. S. Constitution. Why should these provisions 
be included in both State and National constitutions? 

6. From your State constitution and legislative manual get 
facts concerning the State legislature — its composition, sessions, 
officers, etc. Why have two houses in the legislature? Do you 
think members of the legislature should be required to live in 
the districts they represent? 

7. What are the rules governing apportionments in your State? 
Was the last apportionment fairly made? 

8. What is the process by which laws are enacted? Can you 
give reasons for the existence of the committee system? 

9. In what ways does the constitution place limitations upon 
the State legislature ? Give reasons for each of these limitations. 



STATE GOVERNMENTS 17 

Do they indicate popular distrust of the legislators? If so, for 
what reasons? Who is responsible for this condition? 

10. For general discussions of State constitutions and govern- 
ments; see Bryce, I, chapters 36, 37, 38, 40; Beard, American 
Government and Politics, 445- 

11. State legislatures are discussed in Bryce, I, chapter 40; 
Beard, chapter 25; Atl. Mo., 94 : 72&-73B. 

12. Direct Legislation, the Initiative and Referendum, Wil- 
son, The State, 310-3l_\ 326-327, 488-480; Bryce, I, chapter 

Beud, 461-4^ J : Ara a, 35 : 507-51: 52-54 000-603; 

38:288-2 5 39:131-141; Atl. Mo., 97:792-796; Indept, 
57 : 1277-127S; 64 : 1191-1195. 

13. Popular Government in Oregon, X. Am. Rev., 1S4 : 69- 
74; Indept., OS : 1374-137v 

14. The Corruption of Government by Corporations. Arena, 
30.-55-6S; Bribery, Its Cause and Cure, Indept., 55 : 32 

15. The Belgian System of Proportional Representation, 
Arena, 50 : 591-597. 

16. A Lobbyist for the People, World's Work, 15 : 9599-9601; 
Corporations and the Public, Outlook, S5 : 71-77; Justice to 
Corporations, ibid., SS ; 11S-120; Punishing Corporations, ibid., 

3 --S67. 



CHAPTER III 

STATE GOVERNMENTS {Continued) 



Executive 
department 
of the 
State. 



Duties 
of the 
governor. 



We have seen (p. 9) that the powers of State governments 
fall under three great departments — legislative, executive, 
and judicial. In the preceding chapter the legislative 
function was discussed. The execution of the laws of a 
State is vested in (1) local officers; these, besides execut- 
ing the laws of towns and cities, also carry out the pro- 
visions of general State laws upon such subjects as elec- 
tions, taxation, and the trial of cases in courts. (2) There 
are also State executive officers — the governor, secretary 
of state, attorney-general, treasurer, and numerous others. 
Besides these, there are often boards and commissions. 
In most States then 4 is a lieutenant-governor who is the 
presiding officer of the State Senate, but who otherwise 
has few duties to perform. Like the governor, he is 
elected by the people for a term varying in length from 
one to four years. 

The powers and duties of the governor may be stated 
under several heads. (1) He reports to the legislature 
upon the condition of the State, and recommends legis- 
lation. (2) He has power to convene the legislature in 
special session. (3) In nearly all States a bill must have 
his signature before it becomes a law. He may delay or 
defeat its passage by his veto. (4) The power of pardon- 
ing, or of lessening the punishment of criminals, is gener- 
ally vested in the governor. In a few States pardon 
boards have been created, either possessing this power 
or sharing it with the governor. (5) He appoints some 
minor State officers and frequently the members of boards 

18 



STATE GOVERNMENTS 19 

and commissions. Confirmation by the Senate is some- 
times required in these appointments. The governor him- 
self is often a member ex-officio (that is, by virtue of his 
office) of these boards. 

Besides these specific duties, constitutions require the Executing 
governor to see that the laws are faithfully executed. 
Under this power the governor supervises the work of 
such State officers as are subordinate to him; and he has 
power also to punish by removal some of the local officers, 
such as mayors and sheriffs, when he considers that they 
have not performed their duties. If, however, the authori- 
ties of any locality are unable, because of riot or other 
public disorder, to carry on the ordinary operations of 
government, they may appeal to the governor to assist 
them in the execution of law. This he does by means of The t 
the State militia, of which he is commander-in-chief. The 
presence of a military force may enable the civil officers to 
restore order, or the commanding officers of the militia 
may temporarily supersede the civil authorities. 

In some States the number of State executive officers, Adminis- 
besides the governor and lieutenant-governor, is so large officera. 
that these, with the various boards and commissions, are 
grouped together into the administrative department. 
The secretary of state keeps public records, including 
official acts of the governor and acts of the legislature. 
The State treasurer keeps the money of the State. The 
attorney-general gives legal advice to State officers, and is 
lawyer for the State in certain cases. The superintendent 
of schools, or board of education, administers State laws 

gulating schools, teachers, and school money. The au- 
ditor or comptroller has duties in connection with State 
finances. No money can be paid out of the treasury 
without his order. 

Other officers or boards control the charitable and 

:ial institutions of the State, and supervise the execu- 



20 



STATE GOVERNMENTS 



Boards 
and com- 
missions* 



How the 
public wel- 
fare is 
guarded. 



tion of the law upon certain subjects, such as health, 
railroads, labor, insurance companies, agriculture, mines, 
public works. It is customary, also, to have boards of 
examiners who issue certificates to persons competent to 
practise medicine, law, pharmacy, or dentistry. Diplo- 
mas of graduation from professional schools of good repu- 
tation are accepted as equivalent to these certificates. 

The protection and welfare of citizens depend in no slight 
degree upon the administration of law by these officers. By 
their action, abuses in a county jail or poorhouse may be cor- 
rected; an unsound insurance company may be compelled to 
withdraw from the State; factory hands may secure safe and 
comfortable rooms in which to work; a contagious disease may 
be checked; local officers may be compelled to furnish better 
school facilities or teachers. Even the pleasure of citizens is 
frequently provided for through fish commissioners, who plant 
fish in the rivers, and park boards, who preserve forests and 
streams from injury. 



We have now seen that law-making in the State is 
primarily a function of the legislature, and that much 
authority to legislate upon local affairs is given to town, 
village, and county boards and to city councils. We have 
seen also that these laws are enforced by local officers 
and by the State officers whose duties have just been dis- 
cussed. The third department of State and local govern- 
ment is the judiciary. In each State of the Union there 
is a complete system of courts for interpreting and apply- 
ing local and State laws. 

At the head of the judicial system there is a supreme 
court, or court of appeals, to which cases may be taken 
from lower courts for final decision. The highest court 
is usually composed of several judges, and its jurisdiction 
covers the entire State. It may either confirm or reverse 
the decisions of lower courts, or it may order a new trial 
of a case. At the bottom of the judicial system there 



STATE GOVERNMENTS 21 

are justice courts for hearing cases of minor importance Judicial 

• • • i mi • t pi systems ol 

arising in the town, village, or city. Justices ot the peace the states, 
preside over these courts.* Between the highest and the 
lowest courts there is always one and sometimes there are 
two or three grades of courts. Each is given jurisdiction 
within a certain district and over a certain class of cases. 
Each possesses, in addition, the right to review and con- 
trol the proceedings and processes of lower courts. Fre- 
quently probate business, the settlement of the estates 
of deceased persons and related matters, is given to a 
separate court called the probate court, f In large cities 
a distinct series of courts becomes necessary. 

Important changes have come about since the estab- Popular 

i- i c i i i n »i • election 

lishment ot the older State governments in the appoint- and short 
ment and tenure of judicial officers. At that time judges judges, 
were appointed by governors or elected by legislatures, 
and their terms were for life or during good behavior. 
With few exceptions judges are now elected by the peo- 
ple for comparatively short terms. Many writers con- 
demn this change, claiming that it has resulted in lower- 
ing the standard of ability and integrity among judges. 
It is said that popular elections make it possible for men 
of strong political following, not necessarily the ablest 
and most upright, to secure places upon the bench. 
Others claim that appointment of judges and life tenure 
are undemocratic; that the present methods are neces- 
sary to secure complete popular government. The judi- 
cial, no less than the other branches of government, it is 
said, should be brought, through elections, into frequent 
contact with the popular will. 

Some general facts concerning State and local officers Frequent 
are worthy of brief notice. Popular election, rather than 
appointment, is the rule in local units and for the most 

* In cities the terms "police court-" and "police justices" are used. 
t In New York this k the Surrogate's Court. 



22 STATE GOVERNMENTS 

important State offices. Hence we have frequent elec- 
tions and a corresponding opportunity for popular in- 
terest in and control of local affairs. 
Two classes The number of State and local officers elected in this 
country is much larger than elsewhere. These officers 
may be classified under two heads: (1) Those whose 
duty it is to determine the policy of government; that is, 
to decide what is wise and beneficial for the public. Such 
officers are governors, mayors, members of legislative 
bodies, and judges. (2) There are many officers whose 
duties are quite exactly prescribed by law and who do not, 
therefore, exercise much or any discretion in the per- 
formance of them. Examples under this head are secre- 
taries, clerks, registers, treasurers, surveyors, auditors, at- 
torneys for governments, engineers, and police officers. 
It is contended that only the first group of officers should 
be elected; that those of the second group should be ap- 
pointed by the others and held responsible to them. 

The short The adoption of this idea would bring ahout the " short 

ballot" reform which is urged by the following arguments: 1. 
Many of the minor officers now elected do not deserve, and as 
a matter of fact do not receive, public attention. 2. So large a 
number of candidates in an election confuses the voter, who 
cannot become acquainted with them. 3. These minor officers 
are not subordinate to the more important ones, as they would 
be if appointed, hence their acts are not under strict supervision. 
When it is urged that the "short ballot" is undemocratic it is 
replied that a democratic government is one that is responsive 
to popular control, regardless of the number of officers elected 
and appointed respectively.* 

All important officers are required to take oath (or af- 
firmation) to "support the Constitution of the United 

* See also p. 37. The only officers of the United States government 
who are elected are President, Vice-President, and members of Congress. 
" The long ballot with its variegated list of trivial offices is to be seen 
nowhere but in the United States. The English ballot never covers more 
than three offices, usually only one. In Canada the ballot is less com- 
monly limited to a single office, but the number is never large." 



ballot, 



STATE GOVERNMENTS 23 

States and the constitution of the State of Oaths, 

and faithfully to discharge the duties of the office of salaries. 
■ ." Officers who have considerable responsi- 



bility, and especially those in whose custody money is 
placed, are required to furnish bonds for the faithful 
performance of their duties. Compensation of officers is 
either by salary, by fees, or by a combination of both. 
The removal of State officers during their terms is gen- 
erally by process of impeachment. Appointed officers 
may be removed by the power appointing them, and in 
some cases local officers may be removed by the gov- 
ernor or by some other State or local officer. 

As we study the chapters that follow, it will be well 
to remember that the source of authority in local govern- The State 
ment is the State. The machinery of town, village, city, regulates 
and county governments is created by State law, which powers. 
endows them with all the powers they possess. At present 
there is a tendency toward the extension of State authority 
into local affairs by way of inspection and supervision, 
and even by complete State control. Matters formerly 
left to local governments entirely are being put under 
State regulation, either partially or completely. We shall 
find this true in the stricter supervision of public health 
by State officials; also in the control, now given to State 
boards and officers, over penal and charitable institutions. 
It is thought by some that State authority might be ex- 
tended with advantage to the building of roads and the should 
thorough supervision of school systems. The advantage 
of Stat^ control arc these: the most capable officers can 
be seemed; the methods employed may be uniform 
throughout the State; and the best methods can be ex- 
tended to i ction more rapidly than is possible when 
each local unit has the duty of investigating and adopting 
new methods for itself. 

But centralization of power meets strong opposition 



24 STATE GOVERNMENTS 

The benefit in most communities; for the exercise of local powers by 
eeif-govem- local authorities is a fundamental principle deeply planted 
in the minds of American citizens. From this stand-point 
it is urged that the conduct of local government should 
be placed in the hands of officers who are directly respon- 
sible to the people most concerned. There results a de- 
gree of interest and of participation in local government 
that brings to the people much valuable education in poli- 
tics. This problem — the right distribution of powers be- 
tween State and local governments— is one that deserves 
attention from citizens who expect to participate in the 
governmental operations next described. 



Supplementary Questions and References. 

1. Write in parallel columns the titles, names, terms, and sal- 
aries of the executive and administrative officers of your State. 

Make a list of the executive hoards and commissions. Indicate 
whether these officers are elected or appointed. 

2. Is the pardoning power wisely used in your State? lias the 
governor had occasion to call out the State militia f Why should 
the governor have the veto power? 

3. The workings of the executive department in all its branches 
may be studied from the reports of officers that are printed by 
the State. 

4. Are there in your State societies, semi-official in character, 
that receive financial aid from the State? What is the purpose 
for which each society is organized ? 

5. Outline the judicial system of your State, giving the names 
of the courts, the composition, sessions, and jurisdiction of 
each. What are the terms and salaries of the judges? W'hat 
are the names of the judicial officers in whom you are most 
interested ? 

6. Do you favor appointment or election of judges? Short 
terms or life tenure? See Bryce, I, 504-511. 

7. Is there a chancery court in your State? W r hat matters 



STATE GOVERNMENTS 



25 



do chancery courts consider? What is included under the 
term "probate business"? 

8. Obtain blank forms for official oaths and bonds. 

9. Can you give instances of abuses arising from the fee sys- 
tem? In what cases is this system best? 

10. How are vacancies filled in the various offices? 

11. How would you proceed to bring about the removal of a 
certain officer for non-performance of his duties? 

12. In most States, the building and maintenance of roads is 
purely a local function. Is this work successfully performed? 
Should the States aid in making good roads ? Forum, 32 : 292- 
297. 

13. The short ballot, Outlook, 92 : 635-639; 780-781; 829- 
831; 971-972; 93: S96-S97. 

14. Compare local government in the United States with the 
system of France. Wilson, The State, 214-223. Which do 
you prefer? 

15. Make an outline of the three branches of government in 
your State on this plan: 



Government 


Legislative 


Executive 


Judicial 


State 

Countv 

Town 









16. General accounts of State governments are found in Bryce, 
I, chapters 41, 42, 44, 45; Wilson, The State, 500-524; Beard, 
chapter 24. 



CHAPTER IV 



CITY GOVERNMENT 



The 

growth of 
large cities. 



Conditions 
of city 
kfe. 



The crowding together of people in large cities is the 
result of new industrial conditions that have come about 
in America since the beginning of the nineteenth cen- 
tury. The immense increase in the use of machinery 
driven by steam and electric power has made possible the 
modern factory system. Manufacturing is no longer a 
home occupation; its great establishments gather about 
them the workmen whose numbers swell the city popu- 
lations. Improvements in transportation methods and 
means of communication have developed commerce, mid 
thus enhanced the importance of the city, which is the 
centre of commerce. 

The mere presence of large numbers of inhabitants 
within a limited area makes the conditions of human life 
in a city quite different from conditions in rural communi- 
ties. In the city we have the poor, the ignorant, and the 
vicious thickly populating wards adjacent to others where 
wealth and culture predominate. Contamination of air, 
water, and food threatens health on every side. Business 
life in a city is remarkable for the energy with which it is 
conducted, the enormous sums involved in its transac- 
tions, and the employment of workmen in great numbers. 
It is said that "in the jostling throngs of the city a care- 
less or vicious member of society has a hundredfold more 
opportunity to disturb the comfort and endanger the 
health and well-being of his fellows than in the country. " 

Government must fit itself, both in the manner of its 
organization and in the execution of its functions, to these 

26 



CITY GOVERNMENT 27 

conditions. We see, then, the necessity of government City gov 
on a large scale, conducted by numerous officers, and in- compii- 
volving the raising and expenditure of vast sums of money. 
At the same time, we find the entrance of governmental 
regulation into the minute details of the citizen's life. 
We can hardly expect to have so much complicated politi- 
cal activity without correspondingly difficult problems. 

City governments in the United States are organized The 
upon the general plan of the division of powers among 
legislative, executive, and judicial branches. But the 
details of municipal organization and administration are 
so various that a general description is almost impos- 
sible. The framework of a city's government is pre- 
scribed in a special charter granted by the State legisla- 
ture, or in a general State law. In the latter case some 
uniformity is secured among cities of the same size in the 
same State. 

The city legislature is regarded as the most important The 
part of its government. It may be composed of one or 
of two houses. The members are uniformly elected, gen- 
erally from wards; where there are two houses, the mem- 
bers of the upper one may be elected from the city at 
large. In size, city councils vary greatly. The members 
are sometimes salaried, but more frequently they serve 
without pay. 

The chief executive is the mayor, who is elected to The 
office by the people. His term is most frequently one or 
two years, but the tendency is to make it longer. He 
sometimes presides over the meetings of the city council, 
and in most cities has the power to veto its ordinances. 
The executive and administrative powers of the mayor 
are much greater in some cities than in others. He is 
Usually the head of the police department, and in this 
direction his authority is quite extensive. 

The judicial system of a city generally includes two 



28 



CITY GOVERNMENT 



The 

judiciary. 



Adminis- 
trative de- 
partments. 



How they 
are organ- 
ized and 
managed. 



kinds of courts: (1) the ordinary State courts (justice 
and district or superior courts) ; (2) special city or police 
courts. The jurisdiction of the latter is usually confined to 
minor cases. Juvenile courts exist in many cities. 

In a town or village government, the local board may 
have oversight at the same time of public health, chari- 
ties, streets, sidewalks, and lighting. But as population 
grows more dense, these public interests increase in ex- 
tent, complexity! and importance until it becomes neces- 
sary to make provision for the separate supervision of 
each one. Each of these subjects, then, will be assigned 
to an administrative department. These departments will 
be few in small cities, but numerous in large on< 

There are several wavs in which administrative depart- 
ments have been organized and managed. (1) In small 
cities, committees of the council undertake this work. 
(2) Separate boards or commissions composed of citizens 
not otherwise holding public offices may be the controlling 
bodies. Frequently such a commission or board will em- 
ploy an overseer to superintend work that is in prog 
under its direction. Both of these methods of controlling 
city departments have serious faults that will be mentioned 
later. (3) There is a tendency to place each department 
under a single head, and to have this officer appointed by 
the mayor. 

We have now reviewed the general plan of organization 
for the government of most American cities. How have 
our city governments worked ? On the whole, very poorly; 
indeed they have been regarded as the weakest part of our 
entire government system. But within recent years there 
have been encouraging signs of improvement. Some of 
the faults and failures of city government will now be 
considered and the remedies and steps in recent progress 
will be discussed. 

(1) One constant source of evil in our cities has been the 



CITY GOVERNMENT 29 

mingling of State and National politics on the one hand cityofficem 

elected 

with city affairs on the other. Men have been elected to upon the 
city offices upon the basis of National issues; voters have party 
adhered to party tickets, regardless of the issues involved 
in city problems, or of the merits of candidates. The 
result has been the election of inefficient or dishonest 
officials. These men, being elected by party machinery, 
have paid their political debts by appointing unfit men as 
their subordinates, and by otherwise turning the business 
of the city to the advantage of those through whose efforts 
they were elected. 

One remedy for this situation is the separation of city indepen- 
and National politics in municipal elections. This is diffi- 
cult to accomplish. But if candidates are still nominated 
by the regular parties, then independent voting will often 
secure the best available officers. There has been a 
marked tendency in recent years for voters to cast their 
ballots independently of party affiliations. Another rem- 
edy suggested is a reduction in the number of city officers 
elected — the "short ballot" principle (see p. 22). 

(2) Not only party politics, but personal greed has often Evil influ« 
dictated the selection of city officers. Men have secured citygov- 
these positions by election or appointment when they saw 
opportunity for "graft" through the dishonest handling 
of public money. Or, when work was to be done for the 
city, these officers have been paid for using their influence 
in favor of contractors, who in turn make dishonest profits. 
Again, individuals and corporations wishing to secure 
privileges from city governments have spent money for 
the election of officers who would do their bidding. Such 
has been the practice of some who obtained franchises for 
et railways, lighting, and water supply plants. 

Shameful scandals have arisen in these ways when the 
- of citizens, engrossed in their private affairs, have 
~>me indifferent to public business. Nothing but vigl- 



ences in 
city gov- 
ernment. 



30 



CITY GOVERNMENT 



Lack of 
responsi- 
bility. 



The con- 
centration 
of all 
executive 
powers. 



Civil 

service 

reform. 



lance in the selection of officers and constant watchfulness 
in attention to municipal affairs will remedy the evils here 
mentioned. There are hopeful signs of progress in this 
direction in many cities of our country. 

(3) City governments may fail to work smoothly because 
of improper organization of city administrative depart- 
ments. When a committee or board is in control, there Lb 
difficulty in locating responsibility among its members; 
these are apt to shift the blame for bad management from 
one to another, and when responsibility rests upon several, 
no one feels its burden seriously. 

The remedy of placing each department under a single 
head is excellent in many cases. But if this head is ap- 
pointed by the mayor and confirmed by the council an- 
other difficulty arises; for neither of these authorities may 
be willing to assume responsibility for his conduct. Some 
authorities believe that the complete separation of admin- 
istrative departments (which really have executive busi- 
ness) from the legislative branch of the city government is 
the proper remedy: that the mayor should be given the 
entire appointing power and should then be held to com- 
plete responsibility for the conduct of the city's business. 
This is the plan of organization of most purely business 
enterprises, and its principle is being recognized in many 
city governments. 

Another step tending toward purity in the control of 
administrative departments is the adoption of the merit 
system for subordinate officers. These officers have merely 
routine duties, or those of a technical nature, and they 
should be selected upon the basis of examinations intended 
to test their fitness, and regardless of personal or political 
considerations. These officers should be retained during 
good behavior, instead of being turned out at each change 
in administration. Civil service reform, as it is called, 
tends to eliminate party politics from city government; it 



CITY GOVERNMENT 31 

should help to place public interests above private, and to 
make methods of municipal government more business- 
like. 

(4) Reference has already been made to the opportunities Difficulties 

in t he exe - 

for evil that the density of population in a great citv offers, cutiono'f 

. law. 

This condition is aggravated when the police department 
is inefficient, through lack of proper methods of selecting 
police officers; or when politics (either party or personal) 
has such influence that it interferes with the strict per- 
formance of their duties. Police officers sometimes ex- 
tort money from law-breakers under threats of arrest, 
and criminals are forced to pay for protection. These 
bad conditions are partly accounted for by the indifference 
of honest citizens who may know of their existence. 

(5) The administration of a city's finances tests, to the Financial 
utmost, the quality of its government. The revenues and 
expenses of many cities exceed those of the States in which 

they are situated.* The raising and expenditure of these 
vast sums of money without the taint of fraud is very 
difficult. (1) \Yhen money is raised by taxation, we shall Taxation, 
see in a later chapter how, by the undervaluation and 
concealment of property, many persons escape their just 
burdens. Such abuses are more difficult to detect in 
cities than in rural communities, where business is con- 
ducted with less privacy. 

(2) The expenditure of public funds gives opportunity Theexpen- 
for the wrong use of this money. The citizens generally public 
do not understand, and do not watch carefully, (he proc- 
esses by which their money is applied to the objects of 
city government. This is because expenditures are made 
in such a great variety of ways, and because the machinery 
of city government is complicated. The officers who are 

* In 190S the 168 largest cftiei of the United States (those having 
30,000 population or more) QWOl a total of $450,000,000. The per capita 
expense of their governments was $]• 



money. 



32 



CITY GOVERNMENT 



responsible for the expenditure of money are frequently 
unknown to the tax-payer. These officers are more indif- 
ferent to the existence of abuses in connection with city 
finances, and the pressure of public opinion is much less 
direct than it is in rural community 

The table below shows the number of cities in the United States 
of more than S,000 population for each census year, and th< 
centage of the total population living in those c i t : 





Number 
of cities 


ivr cent. 

Of total 

population 




Number 

of cities 


Bar <-.-nt. 

Of total 
population 


1790 


8 


3.86 


18fi0 


1 11 


16.13 


1800 


6 


3.07 


1870 


226 


20.1 


1810 


11 


4.03 


1880 


286 


22.57 


1820 


13 


4.93 


1890 


447 


20 


1830 


26 


6.72 


1900 


545 


33.10 


1840 


M 


8.52 


11)10 






1850 


85 


12.49 









Why debts 
are con- 
tracted. 



The grant- 
ing of 
powers to 
cities. 



The question of finances is most serious in cities of rapid 
growth. For here the extension of streets and other public 
improvements offers opportunity for advertising the city 
and so building up its business as well as increasing the 
value of its real estate. Consequently, there is always 
excuse, and frequently necessity, for the contraction of 
debts, and the proposition to issue bonds is easily carried 
by popular vote. In most States, limits have been 
either by law or by the State constitution, upon the amount 
of debts that cities may contract. 

(6) Attention has been called to the fact that all local 
governments derive their powers from the State. The 
city is a political corporation created by an act of the leg- 
islature. Two evils have arisen at this point. (1) The 
powers granted have not been ample enough, so that cities 
have found themselves unable to do things that seemed 



CITY GOVERNMENT 33 

best for their welfare. (2) State legislatures have passed 
special laws granting particular cities their charters and 
have afterward legislated for these cities by special acts.* 
The corrective for this evil has been applied in a majority 
of States, where special legislation for cities is prohibited; 
cities must be organized and their powers must be defined 
by general laws. These laws apply uniformly to cities of 
the same class, as determined by their population. " Home 
rule ,, for cities, within the limits of these general laws, 
seems a reasonable demand. This demand will become The ques- 

,,..., , . , tion of 

more insistent as public opinion becomes better organized, home rule, 
and this will come as a result of increased attention paid 
by the mass of citizens to municipal affairs. This spirit 
of local self-government may even demand the right of 
the people to frame and adopt their own municipal char- 
ter; and this method of organizing a city, or of adopting 
a new charter, has been followed in some instances. 

(7) The problem of municipal franchises is one of the Natural 
most difficult in the government of our American cities. 
It is generally recognized that because of the circumstances 
under which water, light, and transportation facilities are 
furnished, the industries that furnish these necessities tend 
to become monopolies. f Little or no competition between 
rival plants is possible. 

At one point these industries are different from other 

* New York City has suffered greatly from this evil. A recent writer 
says: " The city of New York is governed from the State capitol. Scores 
of laws are passed every year relating to matters of purely local interest 
and of minor importance. A bill for a park in a densely populated 
portion of the city is introduced at Albany, and perhaps panned with 
little regard as to whether the city or the people of the locality desire its 
enactment. . . . This mass of legislation, which flows into Albany from 
New York and from every other cfty, overburdens the State legislature. 
If every bill of local interest were thoroughly considered, nothing else 
could be accomplished, and the Interests of the State would be neglected." 
—Municipal Affairs, IV, 4.:2, Sept., 1000. 

t See Ely, Problems of to-day, chapters 18 and 19. 



34 



CITY GOVERNMENT 



The grant- 
ing and pro- 
visions of 
franchises. 



How pub- 
lic service 
interests 
influence 
city 
affairs. 



"Stock 
watering." 



enterprises: their operation involves the use of the city 
streets. Because the streets are public property, the right 
to construct and operate a plant is given in a franchise 
granted by the city council. A franchise is in the nature 
of a contract, the parties to which agree upon the obliga- 
tions assumed by each. An individual or a corporation 
obtaining a franchise agrees to furnish a certain quality 
of service. If this is not done, the penalty may be the 
forfeiture of the franchise. Practically, however, it has 
been found very difficult to enforce strict adherence to the 
terms of agreement, by legal procedure. The rates to be 
charged for service may or may not be stated in the fran- 
chise. If they are not, the patrons have little protection 
from extortion. The justice of fixing rates in a franchise 
depends upon the length of time for which it is to oper- 
ate. The growth of a city through a long term of years 
brings immense advantages to the industries that we have 
under discussion; for the greater population can be served 
at only slightly increased cost to the owners of the plants. 
It is a consequence of these conditions that in many 
cities the operation of these plants has yielded excessive 
profits to their owners. Now, for securing by franchise 
the right to establish one of these public service plants 
men have been willing to invest large sums of money in the 
way of campaign contributions to control elections, and 
by bribery to control city councils. Again, the person or 
corporation already possessing a franchise often desires 
the extension of the time of its operation or of the rights 
granted by it. Social, business, and political pressure of 
every nature may be used to attain the desired end. The 
result is that public officers, instead of being public ser- 
vants, become the tools and agents of private interests. 

When the rates or charges are excessive and dividends are 
large in consequence, corporations may resort to " stock water- 
ing" as a means of concealing the true state of affairs. That 



CITY GOVERNMENT 35 

is, new shares of stock are given away or sold at a nominal sura, 
generally to those who already own stock; so the per cent, of 
gain on each share is less, though the rate of profit on the money 
actually invested is still unreasonably high. 

Such being the conditions under which public service 
plants have been operated by individuals and corpora- 
tions, the question has been freely discussed, Should not 
the city itself own and control these industries, and fur- 
nish the service to the people at cost? Two alternatives 
are presented: public ownership and operation, or strict 
control by city or State authorities. 

(1) It would seem that the degree of corruption attending An*u- 
the granting of municipal franchises is a strong argument municipal 
for municipal ownership. (2) It may also be argued that c 5 
since the city would not operate these plants for profit, 
rates could be made lower than under private ownership. 
(3) Municipal ownership is urged as the best means of 
awakening the interest of the people in city affairs. 

In opposition to this policy it is said (1) that the same Arpu- 
corrupt influences that are used to secure franchises would private 

mployed to bring about, through elections and appoint- 
ments, control of a municipal plant. Would not such a 
plant he operated for the political advantage of the party 
in power? (2) Private ownership, it is urged, would best 
ire economical management. The persona] interest 
of obtaining profits would not operate to keep down ex- 
9 in the case of a municipal plant. (3) The advo- 
private ownership point to some cases of failure 
where municipal ownership has been tried. They argue 
that the success of this plan in European cities is no cri- 
terion for our own country. On the other hand, statistics 
and testimony of successful municipal ownership are 
produced from some American cities. 

Those who flo not accept municipal ownership as a 
derirable solution of the problem advocate various ways 



owners bi p. 



36 



CITY GOVERNMENT 



Methods of 
control of 
public 
utilities. 



Funda* 
mental 
problems in 
city gov- 
ernment. 



The com- 
mission 
form of 
govern- 
ment. 



of controlling the operation of plants under private or 
corporate ownership. The following regulations * are 
recommended: 

(1) No franchise should be granted for a longer term 
than twenty-one years. 

(2) The grantee should pay a fair price for the priv- 
ileges secured; and, in addition, a percentage on net 
receipts. 

(3) At the end of the term, the franchise should revert 
to the public; the right of the city to acquire the plant, 
tfith or without compensation, being reserved. 

(4) The financial accounts of the grantee should be 
matters of public record, and should be open to exami- 
nation by an officer of the city. 

It may be apparent from the foregoing discussion of 
the problems and evils of city government that the funda- 
mental difficulties are two: (a) faulty organization, and 
(b) lack of the proper civic pride in the body of citizens. 
In the matter of organization, progress is being made to- 
ward less State interference with city affairs, civil service 
reform, and the concentration of power and responsibility 
in fewer officers. 

Within recent years the "commission plan" has been 
adopted in numerous cities. The essence of this plan is 
the abolition of the present division of legislative and 
executive functions; they are united in the hands of a 
small body of officers, which thus takes the powers of 
both mayor and council. Its adoption is now optional 
w r ith cities in many States. 

This plan originated in Galveston, Texas, in 1901, and a modi- 
fication of it was soon afterward put into operation in Des Moines, 
Iowa. In Galveston a commission, composed of five salaried 
members (one being mayor), was elected at large for terms of 
two years. This body had both legislative and executive duties, 

* Adapted from M A Municipal Program," 127. 



CITY GOVERNMENT 37 

each member being in charge of a department of the city gov- 
ernment. Superintendents were employed to oversee the work 
under the various departments. 

Among the arguments in favor of this plan are these: (1) Arguments 
City government is chiefly a matter of administrative business, ^ins? 
rather than the laying down of general policies, which belongs this plan, 
to State and National governments. Good administration 
requires the concentration of power in the hands of a few 
persons, as in the case of business corporations; these per- 
sons should have the power both to determine and to execute 
the plans they consider wise.* (2) Under this concentration of 
power, responsibility is readily located. (3) A few men who are 
experts can be employed, at good salaries, to devote their en- 
tire time to city affairs. (4) A better type of city officers will 
thus be selected. (5) More civic interest will be aroused. 

In opposition to this view, it is claimed that : (1) Such great 
power should not be lodged in the hands of a few men. (2) Cer- 
tain parts of a city, or certain classes of people, would not be 
adequately represented. (3) This is a movement away from 
democracy. (4) It offers opportunity for corrupt men to do in- 
jury commensurate with their great powers. 

The adoption of the commission form is usually accom- Popular 
panied by the enactment of certain measures by which the officers, 
citizens may freely assert their will in important matters. 
Such means are the initiative, by which they may demand 
that the officers take action upon a certain subject; the 
referendum, by which the people may approve or reject 
measures that have been passed by the council; and the 
recall — a device under which a certain number of voters 
may demand that an officer stand for re-election (against 
competitors, if any such appear) at any time during his 
term. The recall is based upon the idea, familiar in busi- The recalL 
ness affairs, that an employee should be held to account 
for questionable conduct at any time, regardless of the 
term of his appointment. 

It may be safely asserted that whatever plan of or^ani- 

* Those who advocate the "short ballot" believe in the commission 
plan of city ^ov^rnment. See p. 22. 



38 CITY GOVERNMENT 

Theneces- zation a city may adopt, its government will be efficient 

active pub- and pure only when an active public spirit directs the 

spm * selection of good officers and holds them to high standards 

of action. The quality of this public spirit will depend 

upon the interest of citizens in city affairs. Doubtless the 

creation of a unified civic spirit is rendered very difficult 

by the presence in many cities of a variety of nationalities. 

Foreign But the final responsibility for bad government cannot 

be placed upon our citizens of foreign birth; nor even 

upon the ignorant and vicious classes. It may be fairly 

maintained that "there is not a city in the Union in 

which the honest, orderly, and industrious voters are 

not in a large majority." Citizens need, above all, to 

feel a unity of interest in good government They need 

to feel the necessity of co-operation in civic improvement, 

private opinions and selfish interests giving way to public 
welfare. The attainment of this idea] is a matter of slow 
growth; and the new and unsettled conditions of rapidly 
expanding cities retard this growth. In the end, good 
city government will be brought about only by constant 
and patient attention to civic duty on the part of citizens 
Howcities The growth within recent years of a better public spirit 
ing their in cities is indicated by new conceptions of the possible 
services that a city government may render to the people. 
In addition to measures safeguarding public health through 
proper sanitation, cities have begun to establish public 
baths and systems of medical inspection in schools. Pub- 
lic parks and boulevards have long been recognized as 
proper means of providing for recreation; public play- 
grounds and gymnasiums are now being added. Many 
cities have regularly established an administrative depart- 
ment in charge of these means of recreation. School sys- 
tems and libraries, long the sole means of public education, 
are being supplemented by vacation schools, municipal 
art galleries, public lectures, and concerts. The need of 



CITY GOVERNMENT 39 

proper opportunities for social life is being supplied by 
the use of school-houses as "social centres. " Attention to 
the arrangement and architecture of city buildings and the 
beautifying of homes and streets, is another indication of 
the new civic feeling that is growing up in these times. 

Many of the reforms and improvements that have been Reform 
accomplished in city government are the results of study meats, 
and agitation undertaken by such organizations as the 
City Club of Chicago, the Municipal Reform League of 
Boston, the Municipal League of Philadelphia, and the 
Good Government Clubs of New York. Numerous State 
leagues and the National Municipal League give oppor- 
tunity for discussion of municipal problems, besides 
spreading information by their publications. The public 
schools have a part to perform in fostering the newly 
awakened civic spirit of the times. Preparation for the 
performance of the citizen's duties is becoming an im- 
portant part of school work. Thus we see that the forces 
are at work which will ultimately solve the problems of 
city government. 

Similar industrial changes have caused the same rapid growth The gov- 
in European as in American cities. Between 1870 and 1890, European 
Berlin grew faster than New York, Hamburg faster than Bos- Clties « 
ton, Munich faster than St. Louis. 

The general character of municipal government in European 
cities differs in several respects from that of our American cities. 
There the government occupies a place of greater importance. 
Its functions are more extended, covering besides the activities 
mentioned above municipal Lodging-houses, markets, slaughter- 
houses, pawn inks, etc. Moreover, the terms of 
officers are longer and their tenure is more secure. Hence, 
office holding in some places comes to be a distinct profession 
for which training is required, In Germany mayors are fre- 
quently 1 by one city after another as the heads of 
corporations are in this country. 

Party politics plaj \rt in the affairs of European cities 

than in the Unit ey hare, consequently, less cor- 



40 CITY GOVERNMENT 

raption among city officials. The idea of a trained and perma- 
nent civil service is universal. Greater public interest and 
higher ideals of city government may be found in European 
cities. 



Supplementary Questions and References. 

Make a study of your (or a neighboring) city on the following 
points: 

1. Economic reasons for its location and growth. 

2. Time and circumstances of its incorporation. The original 
limits. Reasons for subsequent enlargement of the city. 

3. The city legislature — name, number of members. How 
are they elected? For what terms? Arc they paid? Do you 

think changes would be desirable in these respects? Can you 

make a general statement concerning the occupations and quali- 
fications of members? 

4. The executive — title — term — salary. What are his powers 
of appointment? Has he the veto power? Should his powers 
be increased? 

5. Judiciary — courts — officers — jurisdiction. 

6. How many administrative departments are there? Are 
they under the control of committees, boards, or single h< 
What is the relation of each department to the mayor? to the 
council? Outline the work of each department. Docs the pres- 
ent arrangement work successfully? 

7. Obtain a statement of the city's finances, showing receipts 
and expenditures. Is there a bonded debt? How is it man- 
aged? Is there a sinking fund? 

8. What is the relation existing between this city and the State 
government? Would more "home rule" be desirable, or less? 

9. How are the water, lighting, and street-car plants man- 
aged? Would you change the system? Do you favor the ex- 
tension of the city's functions in other directions? 

10. What kinds of street pavement are used? What is the 
best kind ? How much does it cost ? 

11. What method of garbage disposal is in use? How are 
the streets cleaned ? Are these methods effectual ? Can student* 



CITY GOVERNMENT 41 

in the public schools help in keeping the city clean? Can they 
do anything toward beautifying the city? 

12. What is the organization of the police department? Can 
you recommend improvements? If an officer fails to enforce 
an ordinance, what course would you take to secure its enforce- 
ment ? 

13. Does your city have to deal with problems of the slums 
and tenement houses? Is there a large foreign-born element? 
Would you recommend any limitation of the suffrage? 

14. Are independent or reform movements successful in this 
city? 

15. What are the excellent features of the city's government? 
What are its faults? What reasons can you assign for its ex- 
cellencies and its failures? 

16. Organize your class as a city council and pass ordinances 
that you think beneficial. 

17. The most useful books on city government are the fol- 
lowing: 

Bryce, American Commonwealth, I, chapters 50-52; II, 
chapters SS, S9; Conkling, City Government in the United 
States; Wilcox, The Study of City Government; Devlin, Mu- 
nicipal Reform in the United States; Tolman, Municipal 
Reform Movements; Bliss, Encyclopedia of Social Reform; 
Riis, How the Other Half Lives; Howe, The City, the Hope 
of Democracy; Beard, American Government and Politics, 
chapters 27 and 2S; Zueblin, American Municipal Progress; 
Rowe, Problems of City Government; Goodnow, City Gov- 
ernment in the United States. 

18. For arguments for and against municipal ownership, see 
the following: Arena, 30 : 392-100; 504-509; 32 : 461-471; 
33 : 361-309; Indept., 53 : 2632-2036; 55 : 93-06; 60 : 1 1 ( .>- 
452; 1153-1157; Outlook S2 : 504-511; Rev. of R's, 33 : 724- 
725; 5:329 

19. The commission form of city government. Arena, 38 : 
8-14; 144-140; Cen. Mag., 42 : 970; Indept, 63 : 195-200; 
Outlook. B5 : 834-835; 839-84:;; Rer. of R's, 36 : 623-624. 

_ . Civic beauty. Indept., 54: 1870-1877; World's Work 
11: 7191-7205; Rer. of I; 57. 



42 CITY GOVERNMENT 

21. City playgrounds. Indept., 65 : 420-423; In Chicago, 
Outlook, 81 : 775-781. 

22. Juvenile courts. Indept., 58 : 238-240; Rev. of R's, 
33 : 304-311. 

23. Fire protection in cities. Outlook, 88 : 0S1-093; Rev. 
of R's, 38 : 703-713. 

24. European cities. Rev. of R's, 41 : 752 -763; Comparison 
with American cities, Scribner's Ma^., 40: 113-121. German 
cities, World's Work, 15 : 9913-9820; Outlook, 83 : I 

25. Articles upon particular cities. Brookline, Arena, 
377-391; Detroit, Outlook, 91:206-216; Chicago, Outlook, 
92 : 997-1013; New York, Rev. of R's., 40 II. 

20. Miscellaneous. The ideal city, Outlook, 93 : 141*142; 
Better business method-, [lev. of R's, 37 : 195 200; Civic better- 
ment, Rev. of R's, 39 : 77 81; Smoke problem, Rev.< 
192-195; Citizenship in cities Outlook, 82:271-273; City 
elections, Outlook, 89:371 •' ; 7">: Expansion of municipal ac- 
tivities, Arena, 33 : 128 134; Problems, Indept., 59 : 902 
The budget, Outlook, 92 : 10 is L059; The menace of crowded 
cities, World's Work, 16 : L0268 L0272. 



CHAPTER V 
ELECTIONS AND PARTY GOVERNMENT 
Ix the local and State governments of our country the Times of 

pi pc t ions* 

number of officers elected is very large and the terms of 
office are short; hence elections are of frequent occur- 
rence. Town, village, and city elections generally occur 
in the spring of the year, while State and county officers 
are elected at the same time with members of Congress, 
on the Tuesday after the first Monday of November in the 
even-numbered years. There are, however, some excep- 
tions to these general rules. 

Since suffrage qualifications are fixed by the different Suffrage 

, , ...,.,',, qualifica- 

States,* there are many variations in details, though gen- tions. 
eral agreement prevails upon the fundamental require- 
ments. (1) The age at which a person may vote is uni- 
formly twenty-one years. (2) Manhood suffrage is usual, 
but a few States have granted full suffrage to women. 
In most States of the Union women vote at school elections. 
(3) It is usual to require a residence of six months or one 
year in the State where a person wishes to vote; also, a 
brief term of residence in the election district. (4) Full 
United States citizenship is required in a majority of the 
States. In the others a foreigner who has declared his 
intention to become a citizen is given the right to vote. 
The right of suffrage is withheld from certain clas 
of citizens, such as the insane and the feeble-minded, and 

♦The National crov^rnmr-nt control-- suffrage in the States through 
Amendment XV of the I No, Indln 

;i Article I, section 2, clause I. £ mendmenl xiv 

mi^ht. if it were enforced, traint upon the states In th< li i 

strictions of the suffrage. See pp. 142-1 

43 



44 ELECTIONS AND PARTY GOVERNMENT 

those who have been convicted of certain crimes. One 
hundred years ago there were property qualification- 
voters in every State in the Union. The democratic 
movement of the first third of the nineteenth century 
swept these laws away. At present the payment of a 
tax is a requirement in a few States. An educational 
qualification has been fixed in a few of the Northern and 
in several Southern States. 



Woman 
suffrage. 



The question of full woman suffrage is attracting attention, 
partly as the result of agitation carried on in Great Britain, where 
women vote for all elective officers except Members <>f Parlia- 
ment and now demand the latter privilege. In most EllF 
countries, women have more <>r lesfl limited privileges of voting; 
generally they must be property owners, have certain incomes 
or be engaged in business. In Australia and New Zealand they 
have full suffrage rights. 



Registra- 
tion. 



Within recent times great changes have taken place in 
the manner of conducting elections in the United Sti 
as the result of efforts to check wide-spread election abusefe. 
Among these abuses was u repeating"; that is, voters went 
from one polling place to another, voting at each. It was 
comparatively easy to commit this fraud in large cities; 
the enactment of registration laws has materially checked 
this evil. At a stated time before an election the voter 
must have his name and residence recorded with the 
election officials. The registry lists are published so that 
false registration may be detected. Such laws exist in a 
majority of the States, though their action is in some cases 
confined to the larger cities, and here the laws are some- 
times not strictly enforced. As each ballot is cast the 
voter's name is checked in the registry list. Voters who 
have failed to register may "swear in" their votes; that 
is, take oath that they are qualified electors. This opens 
the way to fraud and is consequently prohibited in the 



ELECTIONS AND PARTY GOVERNMENT 45 

large cities. In the main, it is recognized that registra- 
tion must be a feature of every £ood election system. 

Manv other forms of election abuses were checked by The Aus- 

• tralian bal« 

the adoption of the Australian ballot system, which now lot system. 
exists in all but one or two of the States. Under former 
election methods, each political party printed its own list 
of candidates, or the tickets might be printed by individ- 
uals. A variety of frauds might then be committed. A 
number of tissue-paper ballots were sometimes folded to- 
gether and cast as one ballot. Candidates could have 
ballots printed like those of the rival party with the 
exception of one or two names. Or, slips of gummed 
paper (called " pasters''), with the name of one candi- 
date, could be fastened upon the ballots. In these and 
similar ways ignorant and careless voters were often 
deceived. Hence we now have the official ballot, printed 
by the government, on which the names of all the can- 
didates must appear. Another essential feature of the 
Australian ballot system is secrecy. The ballots must be 
obtained from election officials within the election booth; 
screened shelves are provided to which the voter must im- 
mediately take his ballot and mark it. He must then 
fold and cast the ballot without communication with any 
but election officials. "Electioneering" is prohibited with- 
in or near a booth. 

Twc i4ar ms of the official ballot are used, as illustrated below. 

(1) The original Australian ballot form. 

For Governor. Party. 

A. B Democratic. 

CD Prohibition. 

E. F Republican. 

For Lieutenant-Governor. Party. 

G. II Prohibition. 

I. J Republican. 

K. L Democratic. 



46 ELECTIONS AND PARTY GOVERNMENT 

For Assemblyman. 

M. N Republican. 

O. P Democratic. 

Q. R Prohibition. 

(2) The modified American form. 



State Officers 


Democratic 


Prohibition 


Republican 


Governor 


A. B. 


CD. 


E. F. 


Lieutenant- 
Governor 


I.J. 


K. L. 


ML X. 


Member of As- 
sembly 


0. P. 


Q.R. 


S. T. 



Individual 
Nominations 



The 
canvass. 



More intelligence and care are required in the use of the first 
form; the second form favors the voting of straight tick 

In spite of these reforms in election methods and the 
devices for preventing fraud and bribery, there still exists 
a considerable amount of illegal voting. This is possible 
in great cities, where there is a large floating population;* 
also in certain States, where the parties an 1 nearly equal 
in strength. Corrupt election officials sometimes violate 
even the most carefully framed regulations of law. These 
officials are ordinarily selected from the two Leading par- 
ties. Challengers, who also represent parties, ary allowed 
to question the right of any person to vote. 

After the polls are closed, the counting of votes, or 
official canvass, takes place. Returns from the election 
precincts are sent to the city, county, and district can- 
vassing boards to be tabulated. The results are then 
sent to the State canvassing board. Each board has 
authority to decide which candidates are elected within 

* Hence the term "floaters" for purchasable voters. These may be 
"colonized," i.e., temporarily located in a certain ward for voting pur- 
poses. 



ELECTIONS AND PARTY GOVERNMENT 47 

its jurisdiction. Certificates of election are issued to 
successful candidates, and thus the process of election 
is completed. 

An election is but the final step by which the voters 
express their judgment in selecting men for office. Two 
other steps, both vital in their importance, must be dis- 
eased in gaining a view of the entire process: viz., the 
making of nominations and the management of political 
panics. 

The work of nominating candidates, the conducting of Tarty 
political campaigns, and the general oversight of party tees, 
interests in an election, are all in the hands of a series of 
committees organized in each of the political parties. Thus, 
each party has a local committee in every town, village, 
and ward. There are also, for each party, city committees 
for the management of party machinery in cities; county 
committees; a State committee, which controls campaigns 
and determines party policy in the State; and, finally, a 
National committee for the management of each National 
party organization. Besides these, there may be com- 
mittees for each State Senate and Assembly district, and 
for each Congressional district. All except the local com- 
mittees are appointed in the party conventions.* 

The two principal methods of making nominations are 
(1) the caucus and convention system and (2) the primary 
election system. Within recent years the latter has dis- 
placed the former in many of the States, for reasons that 
will be stated. 

A caucus, or primarv, is a meeting at which a]] the Tho caucus 

■ • »*i i i i or primary. 

a oi a party in a town, Village, or ward may assemble. 
Before the election of town, village, and ward officers, 
caucuses will nominate candidates directly. For all but 
these local elections [i.c, for the nomination of county, 

* Thfc account rc-pr- nnizations as complete; tlicy 

are not so in many parts of the cou:. 



48 ELECTIONS AND PARTY GOVERNMENT 



Political 
conven- 
tions. 



Character- 
istics of 
the system. 



Defects of 

the 

system. 



State, and National officers) a second step is necessary; 
the caucuses choose delegates to conventions where these 
nominations are made. Thus, before a general election, 
we have county conventions for the nomination of county 
officers; various district conventions, where candidates 
are nominated to run for the State legislature and for the 
National House of Representatives; State conventions, 
composed of delegates chosen at county or district con- 
ventions; and, finally, in years of presidential elections, 
there are still other series of caucuses and conventions, 
culminating in the great National conventions, where 
presidential nominees are selected. (See p. 216.) 

Besides nominating candidates for offices, the various 
conventions mentioned elect party committees and adopt 
party platforms. The platforms contain statements of 
party doctrine and pledges of party policies. 

One characteristic of the caucus and convention system 
is that the mass of voters participate in the process only 
in the town, villages or ward caucus. Elsewhere, they are 
represented by delegates or committees. In conventions 
of the largest units (State, Congressional district, and 
National conventions) the delegates are twice removed from 
the voters. Another feature of this system is its com- 
plexity. To nominate the various groups of officers in a 
"general election' 1 year, two, and sometimes more, series 
of caucuses and conventions are held. Because of these 
facts, abuses have arisen in connection with this method of 
making nominations. 

Usually much less than one-half, and in many places less than 
one-tenth, of the voters attend the primaries. This is accounted 
for by the indifference of some, the ignorance of others, and the 
inability of still others to understand the complexities of this 
method of making nominations. Again, caucuses are in many 
instances capable of being manipulated by political leaders to 
suit their own ends. In the next place, there is no assurance 
that the delegates elected by a caucus will fulfil the wishes of 



ELECTIONS AND PARTY GOVERNMENT 49 

a majority of the voters. This is especially true when conven- 
tions elect delegates to still other conventions. There is no 
way of holding a delegate responsible for representing accurately 
those who chose him. In conventions, then, skilful politicians 
may bring pressure to bear upon delegates to direct their votes 
from the line of public into that of private interest. This may 
be done by bribery, by the trading of votes, or by promises of 
business or political advantages. 

Because of these abuses, a demand arose that voters The 
select candidates directly, through the primary election sys- Section 
tern, instead of indirectly through delegates.* ^Yhere this 
system prevails, nominating conventions are abolished. 
Any person who secures a certain number of signatures 
to a petition (or "nomination paper") can have his name 
placed upon the party ballot that is used at the primary 
election. On the day of this election, each voter may 
vote directly for the men whom he wishes to be his party's 
candidates for the various offices. The names of the men 
who receive the highest number of votes will be placed 
upon the official ballot used in the regular election. 

It is thought that through primary elections (1) candi- its advax* 
dates will more truly represent the choice of the mass of age3 ' 
voters in a party; (2) that because they vote directly for 
candidates the voters will take more interest and partici- 
pate more freely in the nominating process; and (3) that 
it will be more difficult for men to further selfish ends 
through the manipulation of a few delegates. 

* "The movement was in part a democratic one, and was animated 
by a desire for wider popular participation in government. In this 
sense it was a part of a broad tendency in the direction of popular 
control over all the agencies of politics. The referendum, the initiative, 
the recall, and the direct primary are organic parts of a general growth 
of democratic sentiment, demanding methods by which more direct 
responsibility of the governor to the governed be secured. ... In the 
last ten years [1898-1908] about two-thirds of the States have enacted 
direct primary laws of various types. Souk- of then laws have been 
obligatory and others optional; some have been general in application 
and others merely local." — Merriam, Primary Elections, 59-70. 



50 ELECTIONS AND PARTY GOVERNMENT 



Nomina- 
tion by 
petition. 



The work 
of political 
parties. 



In States having the primary election system, conven- 
tions are still held for the purpose of selecting party com- 
mittees and for the adoption of party platforms. Such 
conventions may be composed either of delegates or of the 
candidates already nominated." 

It will be noticed that both of the nominating systems dis- 
cussed above assume that candidates represent political pal 
When non-partisan candidates are desirable, then another method 
is in use — nomination by petition. Any person securing a cer- 
tain number of signatures to his petition may have his name 
placed upon the election ballot. This is done frequently in the 
election of judges and school officers, and is becoming more 
common in city elections. For voters more often break party 
lines upon city issues than was formerly the case. 

A part of the work of political parties is referred to in the 
preceding paragraphs. They are organizations of voters 
which (1) help to determine public policies through the 

adoption and carrying out (or refusing to carry out) party 
platforms; (2) they take charge of the nomination of can- 
didates for office; (3) they conduct campaigns in order to 

secure victory in elections; and (1) thev constantly exert 
influence upon the 4 conduct of the officers who make and 
execute our laws. It would seem that the sole object of 
a political party is the securing of certain policies in gov- 
ernment through the election of certain men to office; and 
that in the long run the government in the hands of the 
victorious party should reflect the views and follow the 
wishes of a majority of the voters in that party. But these 
theoretical propositions are subject to many modifications 
in practice. Unfortunately, the absorption of the voter 
in his private affairs makes him too often indifferent to 
the conduct of government. In the second place, the 
great body of voters in a party, even if they have the 
inclination, have very inadequate means of originating a 
policy or impressing their views upon men in office. The 



ELECTIONS AND TARTY GOVERNMENT 51 

result is that the management of political parties fall* into 
the hands of a comparativehj feir men. They urge policies 
upon voter.-: they select the men who become candidates; 
they conduct the machinery of campaigns; and they either 
become the officers themselves or control those persons in 
office whom they have placed there. 

A few men can control a political party by thorough a few men 
organization. They have their subordinates in different control, 
localities, and these in turn have subordinates who carry 
out orders from their superiors. A thoroughly organized 
body of political workers who dominate a party in this 
way is called a "machine." Its operations are generally 
directed by a "ring" or a "boss." 

Xow, the motives that inspire the machine and the Machine 
methods it employs may be either good or bad. Organ- 
ization, leadership, and machinery are always necessary 
to secure harmonious action in bodies of men. But the 
opportunities for corruption in our party system are 
many; so that the politicians who will make freest use of 
corrupt means to gain their ends are very apt to succeed, 
when those who are less unscrupulous will fail. Conse- 
quently, the phrase "machine politics" is generally under- 
stood as referring to political methods that have little to 
recommend them, if they are not thoroughly bad. 

The work of parties cannot be accomplished without Corrupt 
the expenditure of money — sometimes the sums are many [ 
thousands of dollars. This is contributed by candidal 
by private individuals, and by the representatives of busi- 
ness houses and corporations. Here is oni* important 
source of corruption in our government; for those who 
contribute with selfish ends in view, rather than from 
principle, expect reward- at the expense of public interest 
So great have evils of this kind become that many "cor- 
rupt praet!' "' have been passed intended to check 
them. Besides providing severe punishment for bribery 



52 ELECTIONS AND PARTY GOVERNMENT 

and the buying of votes, these laws require the publica- 
tion of campaign expenses by candidates. In some States 
corporations are prohibited from making campaign con- 
tributions. Limiting the amount that may be contributed 
or expended is another way of combating this evil. 
The voter's AH such laws and all real reforms in the laws regulating 

duty in . 

politics. parties and elections are excellent. But laws and consti- 
tutions merely indicate the form of our government; its 
spirit may be very different if the provisions of law are 
nullified in practice. Experience shows that this is very 
liable to happen wherever the mass of citizens become in- 
different to the conduct of public a flairs. The voter can 
exert his influence in many ways, within his party, for 
good government. He can sometimes best serve his party 
by turning against it; for the fear of such independent 
action may restrain party leaders when nothing else will. 

Supplementary Questions and References 

1. In your State — 

What are the times fixed for elections? 

The qualifications of voters? 

The legal regulations governing registration — the ballot — 
provisions for secrecy — election officers — the official can- 
vass? 

2. What method of making nominations is most usual in your 
State? Are other methods allowed? What are the advantages 
and disadvantages of each ? 

3. Why are women given the right to vote in school, munici- 
pal, or financial matters only, in some States? 

4. Do you believe in a property qualification for voters? An 
educational qualification ? 

5. Find in a newspaper almanac the list of States that pre- 
scribe educational qualifications for voters; also, property tests. 
In what States have women been given full suffrage? 

6. The laws of a number of States permit the use of voting 
machines. See Forum, 28 : 90-93. 



ELECTIONS AND PARTY GOVERNMENT 53 

7. Follow in detail the steps leading to a general election in 
your State: 

(1) Notices of election — when and by whom issued. 

(2) Action of party committees. 

(3) Method of nomination of county and State officers and 
Representatives in Congress. 

(4) Party platforms. 

(5) Conduct of the campaign — raising and expenditure of 
money — distribution of literature — political speeches, etc. 

8. Should women be given the full right of suffrage? Atl. 
Mo., 96 : 750-759; 102 : 196-202; Forum, 43 : 264-268; Indept., 
58:1309-1311; 6S : 6S(>-6S9; N. Am. Rev., 1 S3 : 484-498, 
1272-1279; 186:55-71; 1S9 : 502-512; 190 : 158-169; 191: 
526-536, 549-55S; Outlook, S2 : 167-178; 91 : 7S0-7SS; Rev. 
of R's, 36 : 479-4S2; 3S : 94-95; 39 : 626-627. 

9. Negro suffrage. Atl. Mo., S8 : 433-437; 94 : 72-81; 
Indept. 55 : 2021-2024; Outlook, 87 : 529-531. 

10. Nominating Systems and Primary Reform. Arena, 35 : 
587-590; Forum, 33 : 92-102; 42 : 493-505; Outlook, 90 : 
38S-3S9; 91 : 426-428. 

11. Ballot and election reform. Indept., 6S : 1020-1026; 
N. Am. Rev., 1S9 : 35-42. 

12. Our party system is discussed in Bryce, II, chapters 
53-75; Bliss, Encyclopedia of Social Reform; Beard, American 
Government and Politics, chapter 30. 



CHAPTER VI 



PUBLIC FINANCES 



Why taxes 
are neces- 
sary. 



Valuation 
of property. 



The operations of government cannot be carried on 
without the expenditure of money. To meet this expen- 
diture, those who are benefited by the protection and 
security that government affords must be taxed. More- 
over, as the functions of government are extended to in- 
clude the furnishing of conveniences and the maintenance 
of institutions that instruct and elevate the people, in- 
creased outlays of money become necessary, and, conse- 
quently, more extensive taxation. The raising and ex- 
penditure of public money is, then, a subject of the greatest 
importance. 

State and local governments raise money in various ways, 
the principal ones being by taxation and by borrowing. 
Methods of taxation will first be treated. 

(1) The general property tax. This form of tax exists 
in all the States. It is based upon the theory that each 
person's contribution to the support of government should 
be in proportion to the amount of property that he owns. 
The first step in determining the amount of taxes he shall 
pay is the placing of a valuation upon his property; this 
is done by local or county officers, called assessors. 

The assessment roll contains the name of each tax- 
payer, with a list of his property and its value. State laws 
usually require that this be full cash, or actual, value; 
but undervaluation is the rule rather than the exception. 
Since the amount of an individual's taxes depends upon 
the assessed value of his property, it is natural that prop- 
erty-owners should frequently think that their assess- 
ments are too high. They are accordingly allowed to 

54 



PUBLIC FINANCES 



appeal to a local board, which has the power to review 
and correct assessment rolls by lowering or raising val- 
uations. The board may also add to the list of property 
recorded on the roll, and may strike out property that is 
illegally assessed. 

Now, just aa there is difficulty in fixing satisfactorily the 
valuation of each individual's property, so a similar difficulty is 
experienced in adjusting valuations among the villages, towns, 
and cities. For the county and State taxes that each local unit 
must pay depend upon its total valuation. Each assessor is 
tempted to keep valuations low in order that his local unit may 
not be heavily taxed. To remedy this difficulty, a county board 
of equalization is provided, which has the power to raise and 
lower valuations, as shown in the assessment rolls. In some 
ard may change individual valuations; in others 
simply the total valuation of each local unit. Again, we have a 
like difficulty in the next step of the process. The amount of 
taxes which the property-owners of a county will be called upon 
to raise for State purposes will depend upon the valuation of 
the property in the county. Consequently, county authorities 
are apt to think it incumbent upon them to see that their valu- 
ations are low, so that their State tax will be low. To correct 
this tendency toward undervaluation, State boards of equaliza- 
tion have been established in many States, with power to re- 
view the county assessments and to place them on a basis of 
relative equality. 

The rate of taxation is determined in each local unit. 
To the total amount necessary for purposes of the local 
government i> added its share of the State taxes that this 
local unit must bear. This stun is divided by the total 
valuation of all the property in the local unit. This gives 
a percentage which is the tax rate. Applying this rate 
to each person's valuation determines the amount of tax 
he is to pay. 

The property-owner pays taxes but once each year, 
and he seldom knows what share of his payment 

rd the support of eaeh government that taxes him. 
In some States the payment is made to tin- local treasurer, 



Equaliza- 
tion of 
valuations. 



TTow the 
rate of 

bion is 
calcu! 



Collection 

\C8. 



56 



PUBLIC FINANCES 



Exemp- 
tions. 



How this 
system 
works 
injustice. 






and in others to the county treasurer or collector. When 
local treasurers collect taxes they deduct the amount raised 
for local purposes before sending the balance to the county 
treasurer. After the amount levied for county pur] 
has been kept out, the county treasurer sends the balance 
to the State treasurer, and thus the process is compi 
The failure to pay taxes renders property delinquent It 
may then be seized and sold. After taking the amount 
due for taxes and expenses, the remainder, if any, i 
turned to the original owner. 

Some descriptions of property are quite uniformly ex- 
empted from taxation; such are, all property belonging to 
Federal, State, or local government-, and the proper! 
educational, religious, scientific, and benevolent associa- 
tions. In some State-, also, 8 certain amount of the per- 
sonal property, such as the household furniture, of each 
property-owner is exempt from taxation. 

The faults found in the general property tax 

are serious, (a) Undervaluation is very common and pro- 
duces great injustice. If, in a given community, all prop- 
erty were uniformly undervalued, no injury would result; 
this would simply raise the rate. But certain individuals 
may secure, cither through fraud or error, lower valuations 
than others having the same amount of property. Again, 
the man of small property is more likely to have hi 
ment placed near its actual value than is the man of wealth. 
The assessment of property is more accurate in farming 
communities than in cities. This places a heavy burden 
upon the farmer.* 

(b) Another evil of this form of taxation arises from the 
fact that personal property quite generally escapes taxa- 
tion. Property is divided into two classes: real estate, 



* It was estimated by a California commission on revenue and taxation 
that the farmers paid in taxes five times as much in proportion to their 
income as was paid by manufacturers. 



eSCafX s 

taxation. 



PUBLIC FINANCES 57 

which includes land and the fixtures thereon, as buildings y 
and improvements; and personal, which includes all other [ESSSty 
property. Under the head personal property are placed 
furniture, clothing, jewelry, merchandise, farm products, 
five-stock, machinery, books and pictures, money, stocks, 
bonds, mortgages, notes, and credits. It is apparent that 
many of these things have values that an assessor can- 
not easily ascertain by inspection; other articles mentioned 
in the list are easily concealed. As a consequence, the ap- 
pearance of personal property on the assessment rolls, and 
its assessment at values that are anywhere 4 near actual 
value, depend upon the honesty of property-owners. In 
most States, assessors may, and in some States they must, 
take a sworn statement from each property-owner as to 
the actual value of his property; but this does not effec- 
tively correct the evil. Those who make complete re- 
turns are apt to be of the poorer class, besides trustees, 
administrators, and guardians who have legal control of 
property belonging to orphans, widows, and dependent 
} ' nons; for the value of these estates is a matter of pro- 
hate court record. 

It is apparent that our general property tax places an 
unjust burden upon the poor, the rural classes, the honest, 
and the helpless. It was adopted at a time when the 
distribution of property was more equal than at present, 
and before the growth of large cities and great industries. 
These new conditions demand new methods of taxation; 

but no single, practical substitute has been discovered 
and put into operation. Public interest lias been aroused 
upon this subject, however, and some of the methods of 

tion next discussed are intended to correct the ine- 
qualities of the property tax. 

Th<- corporation tax. In a few States, a genera] cor- o .. 

poration tax is imposed which is a fixed rate on the capital 

stock, or the earnings, of all corporations doing busine i 



u- iii taxes. 



58 



PUBLIC FINANCES 



Franchise 
taxes. 



in those States. Again, the rules of taxation applied to 
different classes of corporations may vary in the same 
State. The taxation of railroad property by local authori- 
ties has been quite generally abandoned, on account of 
the inequalities of assessment under this plan. In some 
States a special board values all railroad property in the 
State; in others this property is not taxed, but instead a 
tax is laid on the gross earnings, mileage, or capital stock 
of these corporations. Telegraph, telephone, express, and 
insurance companies are also subject to special taxes based 
on gross receipts, mileage of wires, etc. 

(3) Franchise taxes an 4 becoming increasingly common 
in the States. Individuals and corporations operating 
water, lighting, and street-ear plants are considered as 
possessing valuable property in the right, vested in them 
by their franchises, of using the streets. This privilege, 
it is said, as well as their tangible property, is a source 
of their income, and so should be taxed. 

(4) Inheritance taxes are especially designed to reach 
tancetaxea, the property of the very wealthy. It is believed that 

large fortunes result not merely from individual industry, 
but quite as much from the growth of the communities 
where they are accumulated. Hence the community 
should share in the distribution upon the death of the 
holder. Again, it is assumed that an undue proportion 
of these fortunes escapes the property tax; also, that their 
perpetuation in the hands of a few individuals is socially 
undesirable. This tax is easily collected, since probate 
court records state the amounts bequeathed. The rates 
are usually higher on collateral bequests, i. c, those de- 
scending to others than the immediate family of the 
deceased. In some cases, also, the rates become higher 
as the amounts bequeathed become greater.* 

* In a law of Wisconsin (1903) the rates vary from one per cent, to 
fifteen per cent., depending upon the degree of relationship and the 
amount inherited. California has a similar law. 



Reasons 
for inheri 



PUBLIC FINANCES 59 

(5) The income tax exists in a few States, but its use is income 
being extended to others. It also is intended to reach the 
richer classes, since an exemption is always provided for 

the smaller incomes. Here, as with the inheritance tax, 
the rate should be made progressive, L e. s the larger the 
amount taxed, the higher the rate of taxation. 

(6) The poll tax, a fixed sum payable by male persons 
between certain ages, is collected in some States, though 
prohibited in others. 

(7) Licenses. The greatest amount of revenue is de- 
rived under this form of taxation from liquor dealers. In 
addition, auctioneers, showmen, peddlers, hackmen, and 
draymen often pay license fees. Besides the revenue 
gained, the governments find the license system advan- 
tageous as a means of controlling these occupations. 

(S) Government revenue is also derived by the exaction Fees, 
of fees for the performance of official services. These iV< s 
are frequently a perquisite of the officer performing the 
services; but many times it is found more economical to 
pay the officer a salary and turn the fees into the public 
treasury. 

(9) In cities, we find the practice of levying special Special 
ssments upon property that has been enhanced in value m* 
by virtue of some public improvement, as, the pavement 
of a street. This tax may be made to cover the greater 
part of the expense involved in making the improvement. 

Such are the various forms of taxation used by the State 
and loeal governments of this country. Two oilier sources 
of income are now to be noted: charges and borrowing. 

When a government owns property that is used by Charged 
individuals or corporations, a charge is made that be- 
comes a part of public revenue. Under this head come 
the tolls collected for the use of roads, bridges, and do 
the income derived from the rent of land and water 
privileges; and the charges made for water, for lights, and 



60 



PUBLIC FINANCES 



Borrowing 
by States 
and cities. 



The 

appropria- 
tion of 
money. 



Auditing 
.accounts. 



for street-car transportation when the plants furnishing 
these conveniences are owned by municipalities. 

The ordinary process by which a government borrows 
money is through the issuance of bonds. These are prom- 
issory notes bearing interest. It is customary to submit 
the question of issuing bonds to popular vote. The his- 
tory of the debts incurred by many States shows the lack 
of wisdom sometimes displayed in this matter.* The 
bonded indebtedness of cities reaches an enormous figure. 
This seems necessary in most instances in order that 
future generations may share in the expense of public im- 
provements which can be made most economically at the 
present time. 

Money brought into public treasuries by taxation and 
the other methods described is subject to appropriation 
by legislative bodies: town meetings, town boards, village 
and county boards, city councils, and State Legislatures. 
Lack of wisdom, corruption, and extravagance may at- 
tend the making of appropriations by these authorities. 
Such abuses have brought about the enactment of consti- 
tutional restraints upon the character and amounts 
appropriations that may be made. The debt limitations 
that are found in many State constitutions are similar 
restraints. 

The actual expenditure of public money is made either 
by committees of the legislative bodies just mentioned, or 
by executive and administrative officers. A good sys- 
tem of public accounts requires that these officers shall be 
directly responsible to the local governing board or to a 
special officer called comptroller or auditor. The accounts 
of every officer who handles public funds should be 
audited; the sources of each part of the money received by 
him should be correctly acknowledged. He should pre- 

* The rage for internal improvements about 1830 furnishes an example, 
American History, 300, 311. 



PUBLIC FINANCES 61 

sent vouchers*, or receipts, for every amount expended, and 
each expenditure should be properly authorized by law. 



Supplementary Questions and References 

1. In your State, (a) who assesses property ? (b) how are assess- 
ments equalized? (c) by whom and when are taxes collected? 

2. What is the present rate of taxation in your locality? What 
parts of this rate provide for local, county, State, and school taxes 
respectively? To what extent is there undervaluation? Does 
personal property bear its share of taxation? What remedies 
do you suggest for abuses that exist in these matters? What is 
fundamentally wrong? 

3. What forms of taxation are used in your State besides the 
general property tax ? How does each operate ? Is it successful ? 

4. Examine the financial reports of your local, county, and 
State officers to ascertain the sources of revenue and the pur- 
poses of expenditure. In each case, what is the process of audit- 
ing accounts? 

5. For general descriptions of State taxation see Bryce, I, 
chapter 43; Beard, chapter 31; Encyclopedia of Social Reform, 
chapter on Taxation. 



CHAPTER VII 



JUDICIAL TRIALS 

Thus far in our study of government we have had in 
mind chiefly the processes by which laws are enacted, 
and executed or administered. If all men could ag] 
upon the exact meaning of these laws, and if all were 
disposed to obey them, little more government than has 
been described would be needed. Because neither of 
these suppositions is true, another distinct department of 
government — the judiciary — becomes necessary. 

Civil cases. Cases arise through differences in the interpretation 
of law and through its violation. There are two kinds 
of cases, civil and criminal. When one party to a suit 
(the plaintiff) brings action against the other (the de- 
fendant) for the protection or enforcement of a private 
right, we have a civil case. Some common examples 
of civil cases are those involving questions of the fulfil- 
ment of contracts; the relations of employer and em- 
ployee; the possession of property; the collection of debt-; 
and the validity of deeds and mortgages. 

In a criminal case it is charged that a wrong has been 
committed, in most instances against an individual, but 
of such a nature that the public peace, dignity, and secur- 
ity are also affected. These criminal acts are defined by 
law, and penalties have been affixed to their commission. 
At the same time the injured person is generally entitled 
to compensation, or damages, for the wrong he has re- 
ceived. Because public interests suffer from the commis- 
sion of crime, the State is plaintiff in all criminal cases. 

Arrest. The methods of procedure in ordinary cases are very 

similar throughout all the States. In a criminal case, 

62 



Criminal 
cases. 



JUDICIAL TRIALS 63 

formal complaint must Gist be made before a justice of 

the peace or other judicial officer. A warrant for the 
arrest of the supposed criminal will then he issued. The 
arrest may precede these steps if the criminal is caught 
in the act. If the crime charged is a minor offence, the 
trial may take place at once in the justice or municipal 
court. A more serious offence, however, must he tried 
in a higher court — the district, circuit, or superior court 
of the county. 

The constitutions of most States provide that no per- The grand 
son shall be held to answer for a criminal offence of a JU °' 
serious nature unless on presentment or indictment of 
a grand ji ry. In those States, the justice court merely 
examines into the evidence sufficiently to ascertain whether 
the accused shall be held until the next session of the grand 
jury. This is composed of from twelve to twenty-three 
citizens chosen by lot from the county. Its sessions occur 
at stated times and are secret. The district attorney 
presents to it evidence against persons supposed to have 
committed criminal acts, and witnesses are brought be- 
fore it, who are required to give evidence. If there is indictment, 
probability of guilt in any instance, the person charged is 
indicted; that is, he is held for trial. He may be impris- Bail. 
oned, or released on bail. A bail-bond is signed by surc- 
who agree to forfeit a certain sum of money if the 
prisoner does not appear at the trial. 

The arrest and examination of accused peiSOOfl by ;i 
local justice need not precede the action of the grand jury. 
The district attorney often produces evidence against per- 
sons who as yet stand unaccused; it' the grand jury in- 
dicts them, they are at once arrested. The ^nmd jury 
need not await the action of the attorney, but may proceed 
to investigate supposed i wrong-doing. If it con- 

cludes that certain peiSCHU -hould be brought to trial for 
offences, they are presented. 



incut. 



64 



JUDICIAL TRIALS 



Petit and 
trial juries. 



The 
process 
of trial. 



la some States the grand jury has been dispensed with, for 
ordinary cases, and all proceedings preliminary to the trial are 
conducted in a justice court, or other court inferior to the one 
having jurisdiction to try the case. These proceedings are called 
the 'preliminary examination. The lower court is given authority 
to decide, after hearing the evidence presented, whether the ac- 
cused shall be held for trial. In extraordinary cases, however, 
provision is made for calling a grand jury. 

For the trial of cases in the principal court of a county, 
a petit jury is provided. The juries are summoned by 
venire and are obliged to be in attendance at the court dur- 
ing its session. When a case requiring a jury is called, a 
trial jury is selected by lot from the list of petit juroiS. 
As the names of these are drawn, any juror may be chal- 
lenged by either party to the case, lie will be excused by 
the judge from serving on the (rial jury if good reasons are 
shown. Each side is allowed to reject a certain number 
of jurors without giving reasons; that is, by peremptory 
challenges. The drawing of names must continue until 
twelve are secured who are eligible to serve in the trial of 
this case. 

In the meantime, witnesses have been subpoenaed, and 
the case begins by the direct examination of its witnesses 
by the prosecution. They are cross-examined by the de- 
fendant's attorney, and the testimony of the defendant's 
witnesses follows. Then come the arguments of the 
lawyers. The judge charges the jury as to the lav; that 
applies in the case, and it then retires from the court to 
decide what facts have been proved by the evidence. The 
verdict of the jury is followed by the judgment rendered by 
the court. If found guilty, sentence is pronounced against 
the prisoner, though the judge may, if the verdict grossly 
violates law or justice, set it aside. Execution of judg- 
ment is the carrying out of the court's decision by the 
sheriff or other executive officer. 

Throughout these proceedings the presumption favors 



JUDICIAL TRIALS 65 

the innocence of the prisoner; the State must prove, be- Appeal* 
yond a reasonable doubt, that he Is guilty. The judge 
decides legal questions that may arise concerning the con- 
duct of the trial. Either party may make objections to 
these rulings, and the defeated party may make its excep- 
tions to the court's decisions the basis for a demand for 
a new trial, or for an appeal to a higher court on writ of 
error. The supreme court, or court of appeal, examines 
the questions of law that are involved, and either confirms 
or reverses the decision of the lower court. 

A civil case is begun by complaint of the plaintiff against Trim of 
the defendant. A summons is issued, calling the defend- 
ant to appear in court and make answer to the complaint. 
Cases involving small sums of money are tried in justice 
courts, and here the trial is sometimes without a jury, 
or with a jury of only six men. Cases involving larger 
amounts are tried in the principal court of the county, 
where the procedure is quite similar to that described in a 
criminal case. In the execution of a judgment against 
the property of a person, the constable or sheriff has power 
to seize and sell all property that is not exempt. 

It is sometimes claimed by one party to a case that Change of 
the community where the case arises, or the judge before 
whom it is to be tried, is prejudiced to a degree that ren- 
ders an impartial trial impossible. A change of venue may 
then be granted; the case is carried to another court, or 
another judge is called in to preside at the trial. 

Many problems have arisen, in connection with the ad- Tho m- 

. . ... i.i 11 • • f<>r.fme»t 

ministration of justice, that demand toe BenoUfl attention of few, 
of citizens. Some of these we shall consider. (1) When 
the violation of law is a matter of common knowledge in a 
community, and no one is accused and held to answer, 
who i> responsible? The basb of a warrant of arre.st is a 
complaint, containing a specific accusation, and accom- 
panied by the statement of die complainant, under oath, 



66 



JUDICIAL TRIALS 



Difficuries 
in law 
enforce- 
ment. 



The law's 
delays. 



that in his opinion the accused is guilty. Now, it is the 
sworn duty of officers to obtain the information upon 
which a complaint may be based, whenever they know or 
have reason to suspect that the law has been violated. 
If they persistently neglect this duty, the sentiment of the 
community should compel its performance. But at times 
the public conscience becomes so blunted that officer 
cept or even extort payments from law-breakers for shield- 
ing them from punishment. 

Not officers alone, but any citizen may make a complaint. 
But private citizens, particularly those who arc most 
anxious to see the strict enforcement of law, find it diffi- 
cult to discover sufficient evidence upon which to make 
a sworn statement. Besides, the prosecution of criminals 
by persons who do not directly suffer injury from the 
criminal acts, is likely to cause criticism that IS disfc 
ful and hard to bear. It is much easier for the av 
citizen to let such matters alone, and attend to his own 
private business. In the meantime, public funds may 
be stolen, or the health of the community threatened, or 
its youth put in danger of moral corruption — all for lack 
of a complaint, specific in its accusations, and supported 
by definite evidence. These reasons most frequently 
answer the question, "Why is not the law enforced?" 
At the bottom, it is a question of public conscience. In 
communities where a low moral standard prevails, a few 
determined leaders, willing to sacrifice time, labor, and 
comfort for the public good, have sometimes aroused the 
entire public to action. Xo service to the community 
could be more commendable than this. 

(2) Other causes for discontent with our judicial sys- 
tem arise in connection with court procedure. There is 
sometimes the delay of justice through the postponement 
of cases for trivial reasons. Criminal cases may drag 
along for months until public interest subsides. In civil 



JUDICIAL TRIALS 67 

cases a wealthy litigant may secure postponements until 
the resources of his poorer opponent are exhausted. 

(3) The course of a trial in its various stages and some- Technical- 
times the final decisions of judges are too often determined law! 
upon grounds that are purely technical. That is, the pro- 
cedure or the decision follows some arbitrary rule, rather 

than doing justice according to the facts in the case. 
Many criminals escape punishment in this way. 

(4) Much evil in trials comes from the sharp practices Legal com- 
indulged in by attorneys. These men are sometimes em- pica lon 
ployed by those who can afford to pay the highest salaries, 
apparently for the purpose of finding loop-holes in the 

law and defeating its real purpose. This evil, as well as 
others mentioned, are possible partly because our legal 
system and our methods of conducting trials are unneces- 
sarily complicated. 

(5) Miscarriage of justice can in some cases be charged 
against judges, but this is quite exceptional. However, 
the short terms and small salaries of these officers subject 
them frequently to temptation. 

(6) Numerous evils have crept into the administra- The jury 
tion of the jury system. The local officers who make the 
original lists from which petit jurors are drawn, are 
sometimes influenced in the selection of names by politi- 
cal considerations or by the pressure of business interests. 

In this way a jury may be " packed" in favor of one of 
the parties to the suit. The old method of making jury some 
lists has been superseded in some States by the appoint- 
ment of jury commissions composed of prominent citizens 
of the county, who make the lists under supervision of the 
court. Again, many citizens who are most competent to 
serve on juries, shirk the duty, giving trivial excuses or 
paying fines to escape performing the service. When a 
panel of petit jurors is exhausted, talesmen are summoned 
from the by-standers — a practice which is apt to admit 



68 



JUDICIAL TRIALS 



Good 

features of 
the jury 
•ye tern. 



men who are wholly unfit for jury duty. Cases of direot 
jury bribery are, unfortunately, too common, especially in 
large cities. They are also very difficult to detect. Publia 
opinion should be extremely intolerant of this crime. 

It is almost a universal custom to require unanimity in 
the decision of juries; * thus one man may cause a case 
to fail of decision. While this is generally considered a 
wise provision in criminal cases, it many times results in 
the defeat of justice. 

It will be noticed that many of the evils mentioned in 
connection with the jury system are accounted for by bad 
administration of its details. The central idea of the 
system — the participation of citizens in the legal proo 
of determining justice — is of very ancient origin. It was 
brought from England by the colonists, embodied in their 
legal codes, and inherited by both State and National 
governments. The publicity which trial by jury gives to 
;iegal procedure, and the educational influence upon those 
who participate in its workings, are advantages of great 
weight in its favor. Moreover, it is so firmly fixed in our 
legal and social fabric that its abolition would be a most 
radical measure. This fact renders imperative the cor- 
rection of abuses, wherever they may be found, and the 
restoration of a pure ideal, in order that the jury system 
may not become a decadent institution. 
Lynch-law. No failure of government is more deplorable than the 
failure of justice. There have been^times when communi- 
ties, exasperated by the feeble efforts of officers and courts 
to bring violators of law to justice, have resorted to " lynch- 
law " as a remedy. This sets an example of lawlessness, 
the evil influence of which far outweighs any attendant 
good. 



* In Nevada, Utah, California, and a few other States, a decision may 
be rendered by three-fourths of a jury in a civil case. In Idaho, five- 
sixths of the jury may render a decision. 



JUDICIAL TRIALS 69 

Many legal controversies never appear in courts, be- Arbiw*. 



cause they are adjusted between the parties concerned 
through the efforts of the attorneys. Other disputes are 
voluntarily submitted to arbitrators by whose decision 
the disputants agree to abide. If more cases could be 
settled out of court, much expensive litigation would be 
avoided, and the cause of justice would not suffer. Efforts 
have been made to establish courts of conciliation in some 
States, but with little success. 

Supplementary Questions and References 

1. What guarantees are contained in the constitution of your 
State safeguarding the rights of accused persons? Are similar 
rights secured in all countries? 

2. As illustrating the process of trial, obtain and fill out blank 
forms for complaint, warrant of arrest, search warrant, subpoena, 
yenire, execution, indictment. 

3. Is the grand- jury system the best method of bringing 
offenders to trial? 

4. What is the established method of selecting petit jurors in 
your State? Can you suggest improvements? Visit a court 
while in session, and observe the selection of a trial jury; also ? 
the examination of witnesses. What fees are paid to witnesses 
and jurymen? 

5. Find the meaning of the following terms: Damages, costs, 
stay of execution, injunction, certiorari, habeas corpus (see p. 
209), quo warranto, mandamus. 

6. Topics in this chapter are treated in Bryce, I, chapter 42; 
Beard, chapter 26. Encyclopedia of Social Reform. 

7. President Taft. Delays and defects in the enforcement 
of law in this country, X. Am. Rev., 187 : 851-861; see also 
Outlook, 86:321-327. Arena, 32:471-480; Atl. Mo., 97: 
502-508; World's Work, 13 : 8221-8226. 

8. The jury system, Rev. of R'a, 37 : 607-608; Arena, 33 : 
510-513. 

0. The swiftness of justice in E Dgland, X. Am. Rev., 1S8 : 
26-39. 



lion. 



CHAPTER VIII 

CHARITABLE AND PENAL INSTITUTIONS 

The sup- The support of the destitute falls first upon their 

paupers. near relatives; when this resource fails, public charity 
becomes necessary. Much the greatest part of public 
relief is given by local governments. Where the town 
system is strong, the work is in charge of the town board 
or of a special town officer. In the South the county 
commissioners, or other county officers, administer relief. 
In many States, particularly in the West, both town and 
county are interested. 
Out-door Two general methods of dispensing alms are practiced. 

(1) Out-door relief means the giving of aid at the home 
of the pauper. This is a convenient method in cases of 
temporary want, and in the relief of persons who are par- 
tially self-supporting. Many local governments make a 
practice of giving goods, or orders for goods, to paupers. 
In rural communities, where the circumstances surround- 
ing every family are well known, this method of relief 
works satisfactorily. But in cities, and in the administra- 
tion of relief by county officers, it is possible for individuals 
to impose upon the public by securing aid when it is not 
deserved. The evil here is not only that of stealing from 
the public treasury, but also the evil of pauperizing the 
individual and the family. This is a place for investiga- 
tion and reform in many communities. Sentimental ideas 
of charity and loose business methods sometimes cause 
the harm of out-door relief to over-balance the good ac- 
complished. 

70 



CHARITABLE AND PENAL INSTITUTIONS 71 

(2) In-door relief. Towns frequently pay for the sup- in-door 
port of their poor in private houses; and paupers are 
sometimes bound out to service on contract. But alms- 
houses, or poor-houses, become necessary when the number 
of paupers is large. These are most usually maintained 
by counties and cities. When a poor-house is located on a 
farm, and when the inmates are kept employed in farming 
and other industries, these institutions become most help- 
ful, and may also be partially or wholly self-supporting. 
The establishment of a poor-house sometimes has the 
effect of decreasing the number of paupers who apply for 
aid from a county. 

Within recent years it has been generally recognized Dependent 
that children should not be kept in poor-houses with adults, 
since such surroundings are exceedingly demoralizing to 
child-nature. There are often State schools for depend- 
ent children, where education and some form of industrial 
training are provided for the inmates. Cities also have 
parental schools. Efforts are made to secure the adoption 
of these children, when of suitable age, into families. 

For the sick and injured, medical attendance is pro- Hospitals. 
vided by local governments. In the cities, hospitals are 
maintained at public expense. 

The question of providing for the unemployed in times The 
of temporary distress is particularly difficult in the large ployed. 
cities. It seems necessary, at times, to establish free 
soup-kitchens and agencies for the distribution of food 
and clothing. Cities have sometimes provided employ- 
ment upon public works in such cases. 

It is often difficult to distinguish between the homeless Thetimmj 
seeker for employment and the professional tramp, who 
might rather be included among the criminal clas 
But in most places both are treated in the same way; that 

IS, they are fed at the back doOTS of homes where they 

apply for help. The local government frequently gives 



72 CHARITABLE AND PEXAL INSTITUTIONS 

these vagrants food and lodging and then sends them on 
to the next town. Or, they may be arrested for vagrancy 
and sentenced to a term of imprisonment. Often the 
city or county keeps them during the winter in a poor- 
house or municipal lodging-house and releases them as 
warm weather approaches. None of these methods of 
treatment is satisfactory because no effort is made to test 
the vagrant's desire to obtain work, or to deter him from 
continuing to lead a life of laziness and dependence on 
charity. Cities that have established wood and stone 
yards, in which the 4 applicant lor assistance is compelled 
to earn at least a part of bis support, find the number 
of tramps considerably decreased. 

The support of the poor seems, at first glance, one of 
the simplest operations of government, but we have seen 
that numerous difficulties are involved. I low can we aid 
the deserving poor, and at the same time avoid making 
them less willing or able to support themselves? Hie 
same question is, or should be, prominent in all cases of 
private charity; for if charity is unwisely given, it pau- 
perizes the recipient and makes the evil we are trying to 
cure greater, rather than less. 

Defectives. By the defective classes is meant the blind, deaf, and 
feeble-minded. These unfortunate persons are educated 
in public institutions. Public control of defectives is nec- 
essary on the grounds of education, public health, and 
public security. Because of the relatively small numbers 
included and the special treatment that is required, it 
is most economical for the State, rather than for the local 
governments, to care for them. Hence we have the ex- 
cellent State institutions for the blind, the deaf and dumb, 
the insane, and the feeble-minded. 

The insane. In no way can we measure the growth of the humani- 
tarian spirit during the nineteenth century better than 
by contrasting earlier with present methods of treating 



CHARITABLE AND PENAL INSTITUTIONS 73 

the insane. Formerly they were regarded as criminals, 
confined in foul prisons, and brutally treated. Insanity 
is now regarded as a disease, and scientific treatment re- 
sults in the curing of a large proportion of the cases. 
Laws quite uniformly require judicial procedure for the 
committal of an insane person to an asylum. These in- 
stitutions are conducted either by the local or the State 
government. In State hospitals the conditions are most 
favorable for the treatment of those who should be under 
the physician's care. 

Within recent years a score of States have established The feeble- 
asylums for feeble-minded children, where they receive 
proper educational and industrial training. In a few 
States there are homes for epileptics. 

It was formerly usual to have each charitable insti- state 
tution of a State administered separately by its board of charities, 
directors or trustees. At present, however, central boards 
of charities exist in most States. These are of two kinds: 
(1) Advisory boards, that merely inspect and report recom- 
mendations, each institution having its own board of 
trustees. Such boards are most common, and are com- 
posed of unsalaried officers. (2) A board of control 
may administer the entire charitable system of the State, 
and appoint a superintendent for each institution. Such 
boards are also given power to inspect the construction 
and control of local poor-houses, jails, and asylums. The 
officers of these boards are salaried. The advantage of 
the system of central control is that through it the influ- 
ence of high ideals and scientific methods may be felt in 
the local institutions. 

Methods of punishing criminals have undergone great Old mcth- 
changes since the establishment of the older State gov- pa 
ernrnents. At the beginning of the nineteenth century 
the clipping of ears, branding with a hot iron, the stocl 
and the pillory had not entirely disappeared. Prisons 



74 CHARITABLE AND PENAL INSTITUTIONS 



Modern 
prisons. 



Keleass on 
parole. 



Reforma- 
tories. 



were foul pens. But the barbarous mutilation and public 
exposure of early times have passed away, and prisons 
are now conducted w T ith some regard to the health and 
comfort of the prisoners. Instances are found in the 
excellent provisions for securing the good health of 
the inmates; for it is recognized that an unsound phys- 
ical condition is often the foundation of a criminal 
nature. 

We now reject that theory of punishment which con- 
siders its only end to be retribution. The principle is 
generally accepted that for the protection of society the 
criminal must not be merely confined and punished, but 
reformed as well. Some practices introduced into State 
prisons indicate the progress of this idea. Prison libraries, 
reading-rooms, and study classes give convicts a chance 
for mental improvement. Very commonly, good conduct 
on the part of the prisoner will result in a reduction of his 
term of imprisonment. It has been urged that no fixed 
term of confinement should be set, but that the convict 
should be held in prison, until, in the judgment of the 
authorities, he is fit to be at large. This system is called 
the indeterminate sentence and has been generally adopted 
in reformatories, besides applying in some States to prison 
sentences. 

In some States the prisoner may be released on parole 
or probation. He must find employment, avoid bad asso- 
ciations, and report periodically to a parole officer. 

Great evil is wrought through the association in prisons 
of first offenders and persons of slight criminal tendencies 
with hardened criminals. For this reason we have State 
reformatories and industrial schools for boys and girls. 
Here they are given an education and taught useful trades. 
Recently, in some States, the younger and less hardened 
offenders among the men have been assigned to separate 
institutions where conditions are made as favorable as 



CHARITABLE AND PENAL INSTITUTIONS 75 

possible for their reformation. If they show themselves 
incorrigible, they are returned to the State prison. 

Recent years have seen the growth in cities of juvenile juvenile 
courts. It is recognized that most children in committing courts * 
illegal acts are not intentionally criminal. The child's 
home, his training, and his environment are responsible 
for his misconduct. It results from misdirected energy 
which cannot find a proper outlet because of the lack of 
opportunity to play.* To arraign him in the police court 
is not only injustice, but may lead to further steps in a 
criminal career. "In the juvenile courts children are 
taken out of a purely criminal process and committed to 
one which is educational, and the court becomes part of 
the child-saving community." 

It is generally agreed that the confinement of prisoners with- Systems 
out occupation is both cruel and demoralizing. Several sys- i^borf 011 
terns of prison labor have therefore been tried. 1. The lease 
system, common in some States, permits the sale of prison labor 
to the highest bidder. The prisoners may be employed either 
within or without the prison, and are subject to the control of 
their employers. In many instances they are employed in work- 
ing mines and quarries, living in penal camps, where one would 
scarcely expect to find them surrounded by the proper reforma- 
tory influences. 2. Under the contract system the labor is per- 
formed within the prison, under the usual prison discipline. 
Some form of manufacturing is carried on, the contractors fur- 
nishing the foremen, the materials, and to some extent the tools 
and machinery. They pay a stipulated price for each day's 
labor performed by the prisoners. 3. The piece-price system 
leaves the work of prisoners under the supervision of prison 
officials, the contractors agreeing to furnish the materials and 
to pay a specified price for each piece of the finished product. 
4. Under the public accoui the State OOmduetfl the entire 

process of manufacture, as an individual might, disposing of the 
product on the market. 

♦"Over half tl ifldien in New York city are for flaying 

games— in the Outlook, 97 : I 



76 CHARITABLE AND PENAL INSTITUTIONS 
The pre- In the administration of charitable and penal laws we 

vention of ii«n»ii»» 

crime and are at present concerned chiefly with relief, punishment, 

pauperism. * 

and reformation. But the systems employed too often tend 
to perpetuate the evils we wish to cure. With the spread 
of more rational ideas concerning pauperism and crime, 
public attention must be directed toward the prevention of 
both. As population becomes more dense in the United 
States, the problems assume greater proportions. We have 
found State control the most satisfactory method of man- 
aging the greater part of the curative processes; it may 
be suggested that the proper preventive measures are 
largely matters for private and local support. But the 
further study of this subject comes more properly within 
the field of sociology than within that of government. 



Supplementary Questions and Refer k\ 

1. What methods of public and of private charity are em- 
ployed in your community? Is there cartful examination into 
the merits of cases? Is there duplication of charities? Which, 
the public or the voluntary work, is on the whole more effective T 

2. What is your remedy for the tramp problem? See Rev. 
of It's, 37 : 206^212; 39 : 311-316. 

3. Outline the system of State charities in your State. Can 
you suggest improvements? 

4. Many old forms of punishment are described in Earle, 
Curious Punishments of By-gone Days. 

5. What was the condition of prisoners at the beginning of 
the nineteenth century? McMaster, History of the United 
States, I, 98-104. W 7 hen did prison reform come about? Amer- 
ican History, p. 304. 

6. What are the effects of exposing offenders to public gaze ? 

7. Do reformatories reform? Outlook, 89 : 806-810. 

8. What is the penal system of your State ? Look up the re- 
ports of State officers having charge of penal and charitable 
institutions. 



CHARITABLE AND PENAL INSTITUTIONS 77 

9. The indeterminate sentence, Indept., 5S : 1052-1050. 

10. For topics in this chapter see Encyclopedia of Social Re- 
form; Wright, Practical Sociology; Reports of Conferences of 
Charities and Corrections, 



CHAPTER IX 



EDUCATIONAL SYSTEMS 



School 
systems are 
mainly 
under local 
control. 



The district 

school 

system. 



The 

township 

system. 



The 

advantages 
of this 
plan. 



The maintenance of public schools is a function of 
the State governments. Though the National government 
has aided in this work, as we shall see, its authority does 
not extend over our systems of elementary and higher 
schools. 

The States have left the regulation of school affairs chiefly 
to the local governments— counties, towns, cities, and 
school districts; hut they still exercise more or less control 
over the school systems. There is great variety of ar- 
rangements for the conduct of school government in the 
different States, so that a general description is almost 
impossible. Three types may, however, be distinguished. 

(1) Where the pure district type exists, each district 
supporting a single school, the chief authority resides ID 
meetings of voters. These are similar to town meeting-, 
but are held at a different time, since school business is 
kept distinct from town affairs. A small school board is 
elected, and school taxes are levied. 

(2) The town or township system gathers all the 
schools of a town under one authority; this may be a town 
meeting of voters for school purposes, or, districts may be 
retained as subdivisions of the town, with a school in each. 

The township school system has some points of advan- 
tage, since under it there are few T er schools and these can 
be better graded and equipped. Higher salaries and bet- 
ter teachers are other advantages. Sometimes the town- 
ship has but one school, centrally located. The difficulty 
of the school's distance from the homes of the pupib has 

78 



EDUCATIONAL SYSTEMS 79 

been overcome in some States by the transportation of 
children at town expense. This is cheaper than the main- 
tenance of more schools, and the children gain advantage 
through being members of schools having larger attend- 
ance. 

(3) In the Southern States, the county is divided into 
school districts, and county officers direct school affairs. 

"Where the district and township systems exist, it is County 
usual (elsewhere than in New England) to have a county of schools. 
superintendent or board of education from whom teachers 
obtain certificates. These officers also exercise greater or 
less power of supervision over the schools of the county. 

In nearly every State of the Union there is a State super- state 
intendent, or a State board of education, or both. Methods supervislon 
of selection and organization are various. The superin- 
tendent or the board has authority to interpret and enforce 
the general school laws of the State; and to supervise, in 
a general way, the school system. An additional function 
is "the higher and far more important work of directing 
educational movements, of instructing the people, and of 
creating public opinion and arousing public interest. " 

In school affairs, as in other matters of local govern- City school 

, , . , . ,. T systems. 

ment, each large city has its peculiar system. In many 
cities, the school system is managed as a separate depart- 
ment, and its workings are almost independent of the 
central legislative and executive machinery of the city. 
There are special times for school elections, and the school 
board is not responsible to either council or mayor. In 
other cases, different degrees of relationship exist between 
these authorities. School systems and COUIses of study are 
most highly developed in cities; here, too, equipments 
are most complete. 

Among the difficulties encountered in the management PoUtktio 
of school systems, two may be mentioned. (1) Hie in- rials. 
troduction of party poEtica into school affairs is inexcusa- 



80 



EDUCATIONAL SYSTEMS 



The confu- 
sion of 
business 
and profes- 
sional 
functions. 



ble. The popular election of county superintendents, for 
instance, has a tendency to make the office political, 
lather than professional. Often there is no educational 
qualification prescribed for this officer. The selection of 
members of the board of education in a city for political 
reasons may be detrimental to the best interests of the 
children. 

Another source of difficulty is the confusion of the 
business and the professional sides of school government. 
Boards of education are more competent to supervise 
business affairs, and so generally leave the determination 
of courses of study and methods of teaching to educational 
experts. But other professional a flairs, such as the em- 
ployment of teachers and the selection of text-books, too 
often remain within the jurisdiction of the board. This 
body frequently acts under the advice of the superinten- 
dent of schools, but in other cases professional interests 
are subordinated to business or political considerations. 



Special 
features of 
school 
systems. 



The policy of establishing public kindergartens in cities is 
spreading steadily. Manual training, domestic science, and com- 
mercial courses are being adopted and trade schools have been 
introduced in some cities. Separate schools for truants and for 
backward pupils are features of a few city systems. In most 
States there are compulsory education laws, applying uniformly 
to rural and city populations. 



High 
schools. 



Excellent systems of high schools have been developed 
in recent years. Those located in the large cities have 
their own courses of study and methods of management. 
But the high-school systems of villages and small cities 
have been fostered under uniform State laws. 

The people of the United States are lavish in their ex- 
penditures for public education. In the year 1909 the 
entire amount of money raised for the support of the com- 
mon schools was $381,909,526. 



EDUCATIONAL SYSTEMS 81 

Whence, it may be asked, was this enormous revenue 
derived? From several sources. 

(1) The greatest part, $259,000,000, came from local 
taxation. This emphasizes the fact, already noticed, that 
local governments have the largest share in the control of 
our common-school systems. 

(2) About $58,000,000 was derived from State taxation. 
The proportions of State and local taxes vary greatly in 
the different States. Some levy no State tax whatever for 
this purpose. Sometimes a certain per cent, is levied for 
school purposes on each dollar's worth of property in the 
State. This method of deriving school revenue is com- 
mendable because, in the poorer sections of a State, lack of 
revenue from local sources may keep the schools upon a 
low grade. The State school money can be distributed in 
such a way as to aid these poorer districts. 

(3) The amount of school revenue yielded from miscel- 
laneous sources, State and local, was $42,000,000. 

(4) Permanent school funds and rents form the fourth 
source of revenue— S22,000,000. 

The origin of these funds must now be accounted for. Origin of 
When the States laying claim to the territory north of the funds. 
Ohio River and east of the Mississippi ceded their claims to 
the United States, Congress passed the ''Land Ordinance 
of 1785" containing the following provision: "There 
shall be reserved the lot number sixteen of every township 
for the maintenance of public schools within the said ter- 
ritory. n * The same purpose is seen in that provision of 
the Ordinance of 1787 which declared that "Religion, 
morality, and knowledge being necessary to good govern- 
ment and the happiness of mankind, schools and the means 
of education shall forever be encouraged." Nowhere do we 
find better stated the ultimate purpose of public education. 

* American History, pp. 189, 280-281; Hinsdale, The Old Northwest, 
259. 



82 



EDUCATIONAL SYSTEMS 



National 

land 

grants. 



Other aids 
to public 
schools. 



Higher 
education. 



The policy thus asserted was carried into execution 
whenever any State in which the United States owned 
lands was admitted to the Union. In each case section 
sixteen of each township was set aside for the support 
of the common-school system. Since 1848 each new 
State has received for this purpose both section sixteen 
and section thirty-six of every township. When, there- 
fore, these lands were sold to settlers, the proceeds were 
gathered into permanent school funds; these were invn 
in interest-bearing securities, and the income derived 
therefrom is annually distributed among the schools. 

These funds have been increased in various ways. To 
most of the Western States Congress gave T)00,000 anvs 
of land, to be devoted, originally, to the support of in- 
ternal improvements. Some of the Slates have dedi- 
cated the proceeds of these lands to educational I 
Many States have received swain]) and salt lands, which 
in some cases have gone to increase school funds. Since 
the National government owned no lands in the original 
States, they have not been benefited by its generosity in 
the donation of lands. But many of these States hav« 
aside their own wild lands and in other ways have estab- 
lished permanent school funds. 

The colleges and universities and technical schools of 
the United States number 493, Of these, the greater 
number are supported by endowments and donations from 
private sources. Most States, particularly in the West* 
tax the property of their citizens to support State universi- 
ties. The Federal government has been as generous in 
the support of higher education as in the aid granted to 
the common schools. When the sale of lands in the 
Northwest Territory was authorized, Congress provided 
that not more than two complete townships (seventy-two 
square miles) of land should be given to each State therein 
erected for the support of higher education. Every new 



EDUCATIONAL SYSTEMS S3 

State in which the United States owned land has reaped Federal 

aid. 

the benefit of this policy, some having received more than 
two townships. In some of the older States, these lands 
and the common-school lands were sold at very low prices. 
Bad management in this respect, and in the care of the 
funds thus established, has caused immense loss to these 
States. The newer States, profiting by this experience, 
have been more judicious. 

In 1862 Congress granted to each State of the Union, Agrictil- 
and to each new State to be admitted later, as many times colleges. 
30,000 acres of land as it had Senators and Representa- 
tives in Congress. The income of the funds arising from 
the sale of this land was to support colleges of agriculture 
and mechanic arts.* In 1887 each State was given $15,- 
000 annually for the support of agricultural experiment 
stations. By a law of 1S90 this amount was to be in- 
creased by S 1,000 each year until the appropriation 
reached 825,000 for each State. This law provided that 
this money " shall be applied only to instruction in agricult- 
ure, the mechanic arts, the English language, and the vari- 
ous branches of mathematical, physical, natural, and eco- 
nomic science, with special reference to their applications 
in the industries of life and to the facilities for such in- 
struction. " Technical schools are in this way aided in 
many States. 

In connection with the systems of higher education we Prote- 
fmd professional schools of various kinds. These in- sohoolg. 
elude colleges of law, medicine, dentistry, pharmacy, 
veterinary medicine, and normal schools. Commercial 
and business courses are a feature in a large number of 
colleges, universities, and high schools. 

* American History, p. 389. 



84 EDUCATIONAL SYSTEMS 



Supplementary Questions and References 

1. Study the organization of the school system in your State. 
(a) What is the unit of school taxation? Of administration? 
Should these be larger or smaller? 

(b) What officers eonduet school affair-? Can you suggest 
improvements in the sy ste m t 

(r) HOW is school supervision secured? I- it effective? In 
what ways does the State control the common-school system 1 

(d) What are the laws of the State upon the subject of com- 
pulsory education? text-books? 

(r) Study the revenues and expenditures of your school sy>tem. 
Comparison with other States in different sections of the country 

is possible from the report- of th«- Commissioner of Education. 

(J) Ascertain the amount of Federal aid : by your State 

for education. 

2. Students may gel ideas for the graphic representation of 
.nlucatioual statistics from the Report of the Commissioner of 
Education, L897-98, pp. lxxxvii-xevii. 

3. History of land grants for schools. Boone, Education in 
the United State's, 88-03; Hart, 1. ajfl on American (Jovcrn- 
ment, 244-247, 

4. Education in colonial times. American History, 94, ( .)7, 98, 

133; Commissioner of Education, 1806-07, II, 1165; McMaster, 

History of the United States, I, 24-27j Earle, Child Life in Co- 
lonial Days; Lodge, Short History of the English Colonic- in 
America/ 74-70, 464-407; Fiske, Old Virginia, II, 245-253; 

Boone, Education in the United States, 9-11). 

5. Use of lotteries in support of schools. Boone. ^7 B8. 

6. Recent educational progress. American History, o22-523; 
Eliot, Good Urban School Organization, Indcpt., 56 : 416-422. 



CHAPTER X 
THE EXERCISE OF THE POLICE POWER 

We are accustomed to associate with the word "police" Meaning 
the idea of a body of officers to whom the enforcement of term 6 
law is entrusted. But the legal significance of the word powcar. 
is much broader. In this sense we speak of the police 
power of a State as its system of internal regulation "by 
which persons and property are subjected to all kinds 
of restraints and burdens in order to secure the general 
comfort, health, and prosperity of the State," i. e., of the 
citizens. It is assumed that all property of the State is 
held subject to those general regulations which are neces- 
sary for the common welfare. So, too, in the conduct of 
private business and in the family and social relations of 
life, citizens are not entirely free to determine their own 
conduct; but through its police regulations the State in- 
sures "to each the uninterrupted enjoyment of his own 
rights so far as is reasonably consistent with a like enjoy- 
ment of rights by others." * 

We are most familiar with the police regulations that 
are calculated to preserve public order and prevent of- 
fences against persons and property. A number of other 
instances in which the police power is used will now be 
noticed. 

(1) Individuals are subjected to governmental control Health and 
for the preservation of public health. Until recent years, 
health and sanitary laws were matters of local govern- 
ment only; but at present State boards oi health are 
almost universal. The establishment of these boards has 

* Cooley, Constitutional Limitations, 704, 706. 
85 



sanitation. 



86 THE EXERCISE OF THE POLICE POWER 



Govern- 
mental 
activity in 
care of 

Eublic 
ealtb. 



Protection 

from 

danger. 



made the regulations upon this subject more uniform; 
at the same time the administration of laws has be- 
come more thorough. For popular ignorance and preju- 
dice often prevent the execution of adequate sanitary 
measures. This is especially true when contagious dis- 
eases prevail. Stringent regulations then become neces- 
sary for disinfection, isolation, and quarantine. Local 
boards of health exist in the cities, but they are not so 
common in rural districts. These boards are made sub- 
ject to control by State boards. 

In the interest of public health, private property may 
be declared a nuisance and removed or destroyed at 
private expense. Many cities have officers who inspect 
plumbing and appliances for sewage disposal. The chem- 
ical examination of water supplies reveals an important 
source of disease. A number of cities have forbidden ex- 
pectoration in street-cars and public places. The estab- 
lishment of hospitals and sanitariums for tuberculous 
patients has been begun in some localities. Health re- 
gulations also extend to the examination of horses and 
cattle and their condemnation when diseased. 

Recently much attention has been given to the inspec- 
tion of foods and of the places w T here food products are 
made.* Milk and dairy inspection is common. The 
analysis of canned and packed foods is necessary be- 
cause an increasing proportion of our foods are prepared 
in factories, instead of in the home. 

(2) The public is protected from danger in other ways 
than by these health regulations; for instance, by laws 
requiring that buildings containing halls for public as- 
semblages shall have doors that swing outward, and by 
laws compelling the erection of fire-escapes on tall build- 
ings. In cities, wooden structures may not be built 

* The National government has taken up this subject in its pure food 
laws. See p. 178. 



THE EXERCISE OF THE POLICE POWER 87 

within the "fire limits" that are prescribed by ordinances. 
Private property may be destroyed to prevent the spread 
of fire. 

The law regulates certain kinds of business on the 
ground that carelessness might render them injurious 
to individuals or to the public. For this reason the sale 
of explosives, fire-arms, and poisonous drugs is accom- 
panied by legal restraints. So in the use of a public 
wharf or a market-place, the interests of the few must 
be subordinated to the welfare of the greater number. 

(3) The conduct of individuals upon public highways Travel and 
is subject to legal control; the law may fix the rate of 

speed and require vehicles to turn to the right. Travel 
by water is likewise regulated. The States declare cer- 
tain rivers and lakes within their limits to be navigable 
waters; these become highways, open to the public* 
Consequently, such matters as the conduct of vessels, 
the building of dams, bridges, and docks, are regulated 
under the police power of the States. 

(4) Persons and corporations are subject to police regu- Common 
lation because of the nature of the service they render, as 

in the case of the "common carriers." A common car- 
rier is "one who holds himself as a carrier, inviting 
employment by the public generally. The most familiar 
classes of common carriers are railroad companies, stage 
coach proprietors, expressmen, truckmen, ship-owners, 
steam-boat lines, lightermen, and ferrymen. " Any per- 
son falling within this definition "is bound to serve with- 
out favoritism all who desire to employ him, and is liable 
for the safety of goods entrusted to him, except by losses 
from the act of God or from public enemies, or unless 
special exemption baa been agreed upon; and in respect to 
the safety of passengers carried he is liable to injuries 

* But if they ar»- used in Interstate or foreign traffic, they are subject 
to control by the Nationa 1 . 170. 



88 THE EXERCISE OF THE POLICE POWER 



The con- 
trol by 
States of 
public 
utilities. 



The conser- 
vation of 
natural 
resources. 



Restricted 
employ- 
ments. 



which he might have prevented by special care" (Cen- 
tury Dictionary). 

The most important common carriers are the railroads, 
and recently there has been a tendency to regulate them 
more stringently through State commissions. In some 
States these bodies have the power to fix the maximum 
rates that may be charged for freight and passenger 
traffic. Other public utility industries, such as those fur- 
nishing water, lights, and street-car services in cities are 
made subject to control by State authorities in some cases. 
The same may be said of telephone and telegraph com- 
panies. Legal restraints are imposed upon these busi- 
nesses, not only because they are in the nature of public 
industries, but also because they tend to become monop- 
olies, and hence may abuse their power. 

(5) Within recent years it has become apparent that 
our great industrial growth has resulted in the rapid ex- 
haustion of our natural resources — soil, forests, mines, and 
water-power; and that the supply of the products from 
some of these has passed into private hands. Hence has 
arisen the demand for the conservation, and for State con- 
trol, of the remaining resources that are still public prop- 
erty. This involves such projects as the making of forest 
reserves; the construction of reservoirs for irrigation pur- 
poses and for regulating the flow of rivers; the taxation 
©f mineral products; the policy of leasing water-power 
sites, instead of granting them outright. Such measures, 
adopted by many of the States, show an interesting ex- 
tension of State functions.* It was to discuss the general 
subject of conservation that a conference of governors 
met at Washington in 1908. (See American History, 523.) 

(6) Certain employments and practices are forbidden 
or placed under restrictions because they are in them- 

* The National government has entered upon a similar policy. See 
p. 285. 



THE EXERCISE OF THE POLICE POWER 89 

selves immoral. The pursuit of gambling in its various 
forms falls under this head. The State interferes to 
prevent the infliction of cruelty upon animals because 
acts of this nature are immoral; and also because the 
moral sense of people is shocked by the sight or knowl- 
edge of their occurrence. Partly on the ground of the 
immorality of intemperance, and partly because of the 
dangers with which the public is threatened through this 
vice, the manufacture and sale of intoxicating liquors is 
the subject of State control. 

In the regulation of employments, for whatever rea- Licensed 
son, it is customary for the State to require licenses. S'entsT 
This is for the purpose of preventing persons from enter- 
ing these employments indiscriminately. Accompanying 
the license is a fee, the amount of which may be (1) sim- 
ply sufficient to cover the expense of inspection and regu- 
lation; or (2) it may be large enough to discourage or 
even to render impracticable the pursuit of the licensed 
business.* In its legal aspect, then, a business which is 
licensed is presumed to be legitimate, but to require regu- 
lation in order that the public may not suffer from abuses 
that may arise in connection with it. 

The laws regulating the manufacture and sale of intox- Liquor 
icating liquors are very numerous. Some of the most 
common of these prohibit the sale to minors, to intoxicated 
persons, and to habitual drunkards; also, the sale of 
liquors is forbidden on Sunday, on legal holidays, election 
days, and during certain hours of the night. The follow- 
ing restrictions are found in different States. There shall 
not be more than one saloon to a certain number of in- 
habitants. There shall be no saloon within certain dis- 

* The term "license fae M is ofu-n Attached to taxes; e. g. % the license 
fees paid under United the manufacture and aale of liquors. 

Th* -. imply the gaining of revenue. Many Btatei require 

l*3eQse fees with the sole purpose of raisin? revenue. See p. S9, 



90 THE EXERCISE OF THE POLICE POWER 

tances of public schools, colleges, churches, or parks. 
Screens and all obstacles to a clear view of the place where 
liquor is sold are prohibited. In some States liquor must 
be sold only with eatables or in connection with lodging- 
houses and hotels. In other States liquor must be never 
sold under these conditions. The consent of the owners 
of property in the same block or near the saloon is some- 
times required. Liquor dealers are made responsible for 
damage caused by an intoxicated person who is known 
to be dangerous when under the influence of liquor. 
Prohibitory The governmental regulation of this business has ex- 
tended in a number of States to the absolute prohibition of 
all manufacture and sale of intoxicating liquors. Prohib- 
itory laws "are looked upon as police regulations estab- 
lished by the legislature for the prevention of intemperance, 
pauperism, and crime, and for the abatement of nuisances."* 
Under the system of ''local option" that exists in most 
States, each local government (town, village, and city) 
may settle the question of liquor selling for itself. Some- 
times "resident districts" in cities are given the privilege of 
excluding saloons. Recently "county option " has become 
an issue in many States. Where adopted, this gives the 
voters opportunity to refuse licenses in an entire county; 
but if the majority favor licensing, the local units may 
still vote to be "dry." f 
Enforce- The difficulties in the enforcement of prohibitory laws 

prohibition. ma y be grouped under several heads. (1) In certain 
localities, particularly in cities, we find the lack of pub- 
lic sentiment favorable to their enforcement. In these 
places officials have sometimes engaged systematically in 
the practice of fining or taxing saloon-keepers without 
attempting to enforce the prohibitory laws. (2) There is 

* Cooley, Constitutional Limitations, p. 718. 

t It is estimated that in 1909 two-fifths of the territory and almost 
one-half of the people of the United States were under prohibition laws. 



THE EXERCISE OF THE POLICE POWER 91 

great difficulty in preventing the importation of liquors 
into prohibition States. (3) Since the use of alcoholic 
liquors for medicinal and mechanical purposes is exempted 
from the prohibition, druggists are licensed to dispense 
them under prescription by a physician or some similar 
regulation. This leads to violation of the law, drug-stores 
sometimes becoming saloons in everything but name. (4) 
There are a multitude of devices for evading prohibitory 
laws, many of which involve official perjury and corrup- 
tion. 

High license means the exaction of large license fees High 

IlOGDSG. 

for the purpose of discouraging the liquor business. The 
combination of local option and high license exists in 
some States. The fees are in some cases $500 or more. 
Saloons in cities may be required to pay more than those 
in towns of the same State, 81,000 being not an unusual 
amount for the former. 

The granting of licenses is most frequently in the hands 
of the local governing board. Bonds, which are liable 
to be forfeited for non-compliance with the law, may be 
required of the licensee. Sometimes special commissioners 
are given charge of the entire matter of granting and re- 
voking licenses. The exercise of these powers by officers 
opens another avenue through which corrupt influences 
enter politics. The control of the liquor business by 
licensing authorities and by the police should receive the 
constant attention of citizens. In no other way will the 
enforcement of law be secured. 

(7) The insurance business and that of banking furnish State 

i ^ , i . control of 

other instances 0\ Mate control exercised over private 4 en- banking 

terprises. Among the administrative officers of the State insurance, 
is the Insurance Commissioner. It i< his duty to enforce 
laws t } i ii t regulate the manner in which insur- 
ance companies -hall conduct their business. The pro- 
tection of the public against fraudulent and careless busi- 



92 THE EXERCISE OF THE POLICE POWER 

ness methods is seen also in the State banking laws. 
Inspectors are sent to investigate the condition and methods 
of banks that operate under State laws.* In a few in- 
stances laws have been enacted under which banks are 
obliged to contribute small sums annually to a guarantee 
fund; this fund is drawn upon in case any bank fails, 
as a source from which its depositors are reimbursed. 
This is called "the guarantee of bank deposits." 

Supplementary Questions and References 

1. Make a list of the topics in this chapter upon which you 
know of some law in your State. Are these laws beneficial ? Are 
they enforced ? 

2. Upon the recent industrial advance and changes in methods, 
see American History, 516-517, 520, 521, 523. 

3. State control of water-power, Rev. of R's, 39 : 57-62; Soil 
erosion in the South, ibid., 39 : 439-443; Water-powers of the 
South, ibid,, 41 : 6S-7G; New York's conservation of water re- 
sources, ibid., 41 : 77-S7; Forestry in the States, ibid., 41 : 
465-466. 

4. The liquor problem and prohibition, Rev. of R's, 36 : 
334; 749-750; 37:468-476; 480-481; Arena, 33:134-142. 
In the South, Atl. Mo., 101 : 627-634; Outlook, S6 : 943-944; 
947-949. 

5. Railway regulation by States. Indept., 68 : 905-910 
(Wisconsin); Rev. of R's, 34 : 346-347 (Texas); World's Work, 
13 : 8333-8337. 

6. Bank deposit guarantee in Oklahoma, Rev. of R's, 39 
499-500; ibid., 37 : 340-347; Indept., 65 : 41S-419. 

7. Regulating the milk supply, Rev. of R's, 36 : 360-362 
585-593. 

8. The conference of Governors, Outlook, 89 : 138-140 
145-148. 

* National banks operate under United States law. See p. 187. 



CHAPTER XI 
LABOR LEGISLATION 

The laws that fall under this designation are very 
similar in their general purpose to those through which 
the State exercises its police power. It will be conven- 
ient to consider these laws as grouped into several classes. 

(1) There are laws that relate to the age of workers Labor of 
and the hours of labor. Attention was early called to the children* 11 
necessity for labor legislation because of the employ- 
ment of young children in factories and the long hours 
of service for women and children. State laws now 
quite generally prohibit the employment of these persons 
for more than ten hours a day, or sixty hours a week. 
The employment of children in factories and mercantile 
.blishmcnts is made illegal, though the age limit varies 
from ten to fourteen or sixteen years. Accompanying 
these laws are requirements that children be given a mini- 
mum number of months' schooling each year. 

There has been much agitation in favor of a legal 
eight-hour day for workmen. The employees of the 
tiona] and of many State governments work under 
this rule. In private employment, freedom of contract 
is generally allowed tor adult male laborers; but there 
exceptional industries in which the law limits the 
number of hours, either for the benefit of the laborer, or 
for public safety. Mining and railway employment are 
examples of such industries. 

cond class of labor laws specify the condi- Safety and 

tions under which labor may be carried on. They regU- em^byees. 
late the manner in which factory buildings shall be 



94 



LABOR LEGISLATION 



Wages. 



Trade 
unions. 



Strikes. 



Arbitration 
of labor 
disputes. 



constructed and ventilated; the lighting and sanitation 
of these buildings must conform to certain requirements. 
Under certain conditions, seats must be provided for 
employees. The hours for meals must be reasonable. 
Sweat-shops are prohibited. Steam boilers are inspected 
and engineers are examined. Machinery must be so 
placed and guarded that employees will not be compelled 
to work in dangerous situations. Mines, in particular, 
are subject to State laws intended to secure the safety of 
miners. 

(3) The relations of employers and employees, and of 
both to the public, form a very important but complicated 
subject of legislation. There are laws regulating the 
time for the payment of wages, and prohibiting the truck 
system. Other laws forbid blacklisting and boycotting. 
The liabilities of employers for damages, because of acci- 
dents in which employees suffer, arc fixed in many States 
by legislation. Trades unions and their members have 
received legal protection in various ways; for instance, 
laws prevent the discharge of employees for the sole reason 
that they are members of these organizations. 

One of the most difficult subjects of legislation in this 
field is that relating to labor conflicts. Laws which under- 
take to control strikes and lock-outs are being supple- 
mented by others calculated to prevent these labor wars. 
In about one-half the States, boards of arbitration and 
conciliation have been established. These boards are em- 
powered to offer their services to aid in the settlement of 
disputes between employers and employed, and to inves- 
tigate and report facts concerning strikes. But nowhere 
in this country has the compulsory arbitration of labor 
disputes been made legal. When a strike occurs in a 
business that is a public utility (e. g. y a street-car line), it 
would seem that the interests of the public should be 
guarded in such a w T ay as to secure the continuance of the 



LABOR LEGISLATION 95 

service by compulsory process, if necessary, until the dis- 
pute is settled. 

When damage to property or to business interests has been injunc- 
threatened by strikes, courts have granted injunctions which tlons * 
forbid the strikers doing certain acts, such as damaging property 
or intimidating others who wish to work. When an injunction 
is violated, the judge who issued it may sentence the guilty- 
person to punishment without a formal trial. By this means 
the acts of strikers were controlled. Much opposition has arisen 
to this method of dealing with these cases; it is called "govern- 
ment by injunction." 

The relations between workmen and their employers are The com. 
determined primarily by the rules of "common law." This is 
that body of law "which originated in the common wisdom and 
experience of society, in time became an established custom, 
and has finally received judicial sanction and affirmance in the 
decision of the courts of last resort."* It is found in reported de- 
cisions of courts and in legal text-books of established author- 
ity. But the new conditions of modern industrial life have 
rendered necessary statute laws which modify and supplement 
the rules of the common law. 

(4) The enforcement of labor laws is a duty of State 

and local officers: but in nearly every State of the Union Labor 

. bureaus. 

there have been created bureaus of labor having more or 
ts complete powers over the administration of labor 
laws. In some cases the powers are merely those of col- 
lecting statistical information and of inspection in the ordi- 
nary sense of that term; in these ways much valuable in- 
formation concerning conditions of labor is made public. 
But the power of enforcing labor laws is often vested in 
these bureaus, or in special officers called factory inspec- 
tors, who devote their time to this matter. 

(5) Looking toward the prevention of evils and con- 
flicts in the industrial world, we find the establishment, by Industrial 
city and State governments, of industrial and technical 
schools and the incorporation of manual training courses 

* Robinson, Elementary Law, 2; Dole, Talks about Law, 8. 



96 LABOR LEGISLATION 

in the common schools. For with the increased intelli- 
gence and skill of workmen will come increased respect 
for their rights, and more reasonable settlement of their 
relations to capitalists. 

Some laws have been passed, and others are under con- 
sideration, upon many important subjects relating to labor, 
besides those mentioned in this chapter. Such subjects 
are: old age pensions, employers' liabilities, industrial in- 
surance or compensation for loss due to sickness or in- 
juries, State employment bureaus, and the regulation of 
industries that are injurious to health of employe 

Supplementary Questions and References 

1. Find in the statutes of your State provisions regulating 
the employment of labor. Has your State an efficient system 
of factory inspection ? 

2. When were the first factory acts of England passed? Gar- 
diner, History of England, 911, 927. 

3. What value have the statistics that are collected by labor 
bureaus ? 

4. What has been accomplished in your State toward the 
peaceful settlement of labor disputes? 

5. The use of injunctions in connection with labor troubles. 
Indept., 65 : 348-351; 460-463. 

6. Why are the economic functions of government increasing? 

7. Labor legislation. Stimson, Labor in its Relations to Law. 
By the same author, Handbook to the Labor Laws of the United 
States. 

8. What are blacklisting, boycotting \ picketing, sweat-shops? 
See dictionaries and Encyclopedia of Social Reform. 



PART II 

THE NATIONAL GOVERNMENT 



CHAPTER XII 

STEPS LEADING TO UNION 

A notable fact presents itself as we consider the re- Colonial 
lations of the colonies prior to the Revolutionary war. reaions » 
There was a general indifference toward union, and it 
was only by slow and arduous steps that union was finally 
accomplished. This may be partially accounted for, if it 
be recalled that the early settlements were usually found 
scattered along the coast, each with its own harbors and 
interior waterways. Lack of roads, together with the 
primitive methods of travel then in use, rendered extended 
intercommunication wellnigh impossible. Besides, each 
colony had its own separate government, and different 
religious beliefs and practices tended to produce distrust 
and dislike among the colonists. There were, however, 
some strong bonds of sympathy. Their language and in- 
stitutions were mainly English, and they were interested 
in the development of liberal government. Again, a com- 
munity of interests was created in the necessity for pro- 
tection against their Indian, French, and Dutch foes. 
In general, it may be said that confederation was early 
brought about through the need for defence, hut union 
been the fruit of long years of transformation an^ 
assimilation. 

97 



98 STEPS LEADING TO UNION 

The New In 1643 the four colonies — Massachusetts Bay, New 

confedera- Plymouth, Connecticut, and New Haven — entered into a 
league ("for mutual help and strength in all our future 
concernments") known by the name of the United Col- 
onies of New England. This confederation was neces- 
sary, because the English government, then in the midst 
of the Puritan revolution, was unable to furnish the colo- 
nists protection against their Dutch, French, and Indian 
enemies. In the annual meetings of the commissioners! 
two being sent by each colony, questions pertaining to 
war, peace, and relations with the Indians were discussed. 
This central government possessed only advisory power 
over the colonies, and had no power whatever over the 
individual citizens. The confederation was finally dis- 
solved in 1684. 

Inter- During the intercolonial wars the colonists were in con- 

colonial 
conferences stant danger from attacks by the French and Indians. 

between ^ 

1690 and The meeting at New York in lf>00 of commissioners from 
Massachusetts, Plymouth, Connecticut, and New York 
"to fix upon such methods as should be judged most suit- 
able to provide for the general defence and security and 
for subduing the common enemy," was the first of about 
a dozen such intercolonial conferences. Through these 
meetings, and especially by the co-operation of the for< 
of the various colonies in the army and the navy, social 
and religious prejudices were weakened and the senti- 
Penn'spian ment for union was stimulated. In 1697 William Penn 
1697. presented to the Board of Trade a plan for the union of 

the colonies which, though not adopted, is of interest, for 
it contained the first use of the word "Congress" in con- 
nection with American affairs. The plans presented for 
the fifty years following were largely fashioned after this 
model. 

The Lords of Trade, knowing that a general colonial 
war, caused by French aggression, was inevitable, directed 



STEPS LEADING TO UNION 99 

that a Congress, consisting of delegates from all the colo- 
nies, should assemble at Albany for the purpose of mak- The Albany 
ing a treaty with the Iroquois Indians and considering 1754. 
other means of defence. The suggestion was made in 
America that the commissioners should also draw up 
some plan for colonial union. This Congress, consist- 
ing of twenty-five of the leading men from seven different 
colonies, was an important advance toward union. A 
treaty with the Indians was secured. The Congress then 
adopted unanimously the resolution that "A union of all 
the colonies is at present absolutely necessary for security 
and defence." A plan of union, drawn up by Benja- 
min Franklin and known as the Albany plan, was also 
adopted. This plan provided for a Governor-General to 
be appointed by the Crown and a grand council to be 
composed of delegates elected by the colonial assemblies. 
The assemblies rejected the plan, for they objected to the 
presence of a royal officer. The English government did 
not approve the plan, for it was thought too democratic. 

Stirred by the various acts of the English government The stamp 
and especially by the passage of the Stamp Act, the Mas- gr C essTi765. 
sachusetts House of Representatives issued an invitation, 
to the other colonial assemblies, to send delegates to a 
general meeting. Nine colonies responded by sending 
twenty-eight men to the Congress which assembled in 
X< w York, October 7, 1705.* They were in session two 
wc<k- and during this time petitions to the English gov- 
ernment and a declaration of rights were formulated. 
This declaration is of importance in that it sets forth for 
the first time the united views of the colonists relative to 
questions which were to form tin 4 basis tor revolution. 
The Congress declared the rights of the colonists to be the 
same as those of natural horn subjects of England. It is 

♦Virtrinia, New Hu i. lod North Carolina sympathized 

with the movement but did not 



100 STEPS LEADING TO UNION 

notable that here again representatives had assembled 
on the motion of the colonists themselves. An advanced 
position was taken by Christopher Gadsden of South 
Carolina, who asserted: "There ought to be no New 
England man, no New Yorker, known on the continent; 
but all of us Americans." During the following year the 
Stamp Act was repealed. 
The First The policy of coercion was still continued by the Eng- 

tai n Con e - n " lish government, and finally the repressive acts of 1774 
gress ' were passed. Again Massachusetts, June 17, 1774, under 

the leadership of Samuel Adams, called for a congress 
of all the colonies and hastened the meeting through its 
committee of correspondence. Delegates from all of the 
colonies, with the exception of Georgia, assembled at 
Philadelphia, September 5, 1774. In this Congress, with- 
out legal status, its representatives having been chosen 
ordinarily by irregular congresses and conventions, there 
were again some of the most influential nj.^n in America. 
Resolutions were passed approving the action of Massa- 
chusetts in her resistance to the measures of Parliament, 
and a Declaration of Rights was prepared. In this Dec- 
laration was asserted the right of exclusive legislation in 
the colonial legislatures, limited only by the negative of 
"their sovereign in all cases of taxation and internal polity. " 
An "association" was adopted, binding the colonists not 
to import or consume British goods after December, 1774, 
and not to export goods to England or her colonies after 
September, 1775. Congress advised the appointment of 
committees in every locality who should recommend that 
the colonists should have no dealings with persons who 
would not observe this policy. Such committees were 
quite generally organized. 
The Second The resolutions of the First Continental Congress had 
t£d n con e - n " little influence on the English government, and other 
gress, i#75. measures were q U i c kly passed carrying out the policy of 



STEPS LEADING TO UNION 101 

repression. Before the Second Continental Congress as- 
sembled, the battle of Lexington had been fought and the 
American forces were then holding Boston in a state of 
blockade. This Congress convened in Philadelphia, May 
10, 177."), and continued in session, with adjournments 
from time to time, until March 1, 1781. 

All of the colonies were represented, and nearly all of Organiza- 
the delegates had been members of the First Continental Congress. 
Congress. The members sat behind closed doors and 
were enjoined to keep all matters of discussion absolutely 
secret. It was determined that each State should have 
one vote and that final authority on all questions should 
rest with a majority of the States assembled in the Con- 
gress. 

Like previous Congresses, this one was, at first, merely Authority 
an advisory body. It was expected that all matters would Congress. 
be reported back to the States for instructions, but the 
crisis had come and the situation compelled Congress to 
exercise sovereign powers. 

Congress at once took control of military affairs and Powers 
called Washington to the command of the army which it b y erc 
created. It provided for a national currency; organized 

j'-neral post-office; and threw open American ports to 
the ships of all nations. It furthered union and indepen- 
dence by the appointment of a committee to formulate the 
ideas on independence then prevalent; and of another 
committee to prepare the form of confederation to be 
entered into. Between May 10, 1775, and July 4, 177o, 
the change in sentiment was rapid. King George III. 
led to ntum a forma] answer to their last petition and 
proclaimed the colonists "dangerous and ill-designing 
men." Heretofore, the colonists had striven for a union 
of thought and aetion, which they believed to be the 
best mean- to secure those rights which were every- 
where the heritage of Englishmen* When the result of 



102 



STEPS LEADING TO UNION 



The Dec- 
laration of 
Indepen- 
dence. 



The colo- 
nies made 
States. 



The Arti- 
cles of Con- 
federation. 



the last petition became known, October 31, 1775, there 
was no longer any hesitancy with regard to the course 
to be pursued. Henceforth, they were to gather additional 
inspiration as they strove to secure rights regarded as 
common to all mankind. These new views were em- 
bodied in the Declaration of Independence. 

Even before the adoption of the Declaration of Inde- 
pendence, Congress recommended, having been appealed 
to for advice by New Hampshire, South Carolina, and 
Virginia, that new forms of government should be estab- 
lished. By the year 1777 ten States had framed new con- 
stitutions. 

The problem of the relations between the general gov- 
ernment and the States was second in importance only 
to the problem of the winning of independence from Eng- 
land. The State legislatures were held in greater respect 
than was the Continental Congress. It became clear, 
then, to some of the leaders, that if union were to be pre- 
served, it would be necessary to have a government more 
effective than a revolutionary assembly. As early as July 
21, 1775, Franklin had seen this need and had presented 
to Congress a plan for "Perpetual Union." Action 
was postponed by Congress, and Richard Henry Lee, 
the following year, offered in connection with his resolu- 
tion for independence another resolution for the drafting 
of the Articles of Confederation. On June 12, 1776, the 
day on which the committee was appointed to draw up 
a Declaration of Independence, Congress also named a 
committee, consisting of one member from each colony, 
to prepare a form of confederation to be entered into be- 
tween the colonies. The report of this committee was 
submitted one month later by its chairman, John Dickin- 
son. A year and four months, a most momentous period 
in the history of our country, was to elapse before the 
Articles, as amended, were adopted by Congress and 



STEPS LEADING TO UNION 103 

submitted to the State legislatures for approval.* Three 

years and a half more elapsed before Maryland, the last 

State, ratified, March 1, 17S1. 

The adoption of the Articles of Confederation marks Nature of 
« i . . , , . pi the govern* 

one ot the most important events in the history or the mom «- 

1 3. L) 1 1 ^ II O 1 

United States. While it must always be regarded as a 
weak instrument of government, we must not forget that 
the Continental Congress worked along entirely new 
lines, for never before had a confederation so extended 
as this been even proposed. That there should be a 
general desire for union, no matter how weak the tie, was 
of great significance. The Articles provided for a Con- 
gress to be composed of not less than two nor more than 
seven delegates from each State. Delegates were to be 
appointed as the State legislatures should direct. To 
each State was given one vote in Congress. 

The weaknesses in the government were mainly these: Defects in 
Congress might make the laws but could not enforce mtn°. veni * 
them. The general government had no power of taxa- 
tion, but was obliged to depend upon the State legislatures 
for necessary revenues. There was no separate executive 
to enforce and no judiciary to interpret the laws. No 
important resolution could be passed in Congress without 
the votes of nine States, and the Articles could not be 
amended except by the ratification of all the States. Con- 
Cted on the States and not on individuals but it 
had no power to coerce the States. "Its function was to 

not to command. 91 

The fatal lack of organization in the government early p rrir ,j ( . ;l i 
produced momentous results. While the war continued, Jhe'Sveni" 
union for self-preservation was necessary; but when peace meaU 
ensuedj the principle of local self-government in the States 
became more manifest Washington saw the trend of 

* From July 11, 1776, to November 17, 1777. See American History, 
pp. lbi-: 



104 STEPS LEADING TO UNION 

affairs, and in a circular letter to the governors of the sev« 
eral States, shortly before his resignation as commander 
of the army, expressed his views in the following words: 
"Unless the States will suffer Congress to exercise those 
prerogatives they are undoubtedly invested with by the 
Constitution, everything must very rapidly tend to an- 
archy and confusion. . . ." Had this appeal been appre- 
ciated by the States, the condition of anarchy which fol- 
lowed would not have occurred. But the jealousy of the 
States for the central government continued to increase; 
the State interests became dominant, and that most dan- 
gerous period of our history, extending from 1783 to 1788, 
well called the " critical period," succeeded. It was ap- 
parent that the government under the Articles of Confed- 
eration was a failure and that the Nation was drifting 

rapidly toward anarchy and open rebellion. Fortunately 

in this darkest hour there came forward Washington, 
Franklin, Hamilton, Madison, and other leaders who were 
prepared, if need he, to make compromises, hut who were 
determined to preserve the elements of union already 
secured. 

SUPPLEMENTARY QUESTIONS AND REFERENCES 

1. For a discussion of the topics in this chapter see American 
History, chapter 12. 

2. Who were the Lords of Trade, and what was their attitude 
toward the colonies? Why was the spirit manifested by the 
colonial governors a cause for co-operation between the colonies? 
Why was Federal union hopeless ? Fiske, American Revolution, 
I, 1-6. 

3. Why were not the colonies of Rhode Island and Maine 
included in the New England Confederacy? Fiske> Beginnings 
of New England, 155-158. 

4. Read the Articles of Confederation of the United Colonies 
of New England. American History Leaflets, No. 7. 1. Rea- 
sons for "consotiation." 2. In what way were the apportion- 



I 



STEPS LEADING TO UNION 105 

ments of men and expenses to be made? 3. The numbers, 
qualifications, and authority of the commissioners? 4. The 
significance of the provision relative to fugitives? 5. Reasons 
for the dissolution of the league? Fiske, Beginnings of New 
England, 159. 

5. For a summary of the intercolonial conferences see Froth- 
ingham, Rise of the Republic, 11S-120; American History Leaf- 
lots, No. 14. 

After reading the Albany Plan, give reasons for the state- 
ments made by Franklin. Old South Leaflets, No. 9. How 
were the members to be apportioned among the colonies? Give 
a list of the powers of the central government under this plan. 
Did it possess full power to make laws? 

7. Why were not all of the colonies represented? Fiske, The 
American Revolution, I, 21. 

s . What was the origin of the Committees of Correspondence 
and how did they aid in unification? Sloane, The French War 
and the Revolution, 161, 162; Hart, Formation of the Union, 57. 

9. How were the delegates to the Second Continental Congress 
appointed? What was the character of this Congress? Hart, 
Formation of the Union, 73, 74; Fiske, The Critical Period of 
American History, 92, 93. 

10. Why was the adoption of the Articles of Confederation so 
long delayed ? Hart, American History Told by Contemporaries, 
II, 539-543; Fiske, The Critical Period of American History, 
93, 94; Walker, The Making of the Nation, 6; Hart, Formation 
of the Union, 93-95. 

11. Read the Articles of Confederation, Appendix B. 1. How 
the Congress composed? 2. The number necessary for 

a quorum ! 3. The powers of Congress? 4. Powers of the 
separate States? 

12. What was the attitude toward union during the period 

17<: L788? 

13. Were there notable bonds of union even at this time? 
What other influences have increased this sentiment? Fiskej 

Critical Period of American History, 55-63j Walker, The 
Making of the Nation, 7, 8. 



CHAPTER XIII 

THE CONSTITUTIONAL CONVENTION 



Events 
leading to 
the Consti- 
tutional 
Conven- 
tion. 



The meet- 
ing at 
Annapolis 
and its 
results. 



Among the many difficulties referred to in the previous 
chapter, there were constant disputes between Virginia 
and Maryland relative to the navigation of the Potomac 
River and of Chesapeake Bay, Finally, in March, 1785, 
three commissioners from these State-, on the rec- 
ommendation of Mr. Madison, met at Alexandria, Va., 
for the purpose of considering the difficulties. They soon 
adjourned to Mount Vernon. While there, Washington 
proposed that they include in their report the recommenda- 
tion that there should also he a uniform system of duties 
and a uniform currency. It was seen, however, that if 
anything permanent in these matters was to he accom- 
plished, all of the States must join in an agreement In 
January of the following year, Virginia invited the other 
States to send delegates to a convention at Annapolis to 
consider the condition of commerce and duties on imports. 

There were present at Annapolis, September 11, 1786* 
commissioners from Virginia, Delaware, Pennsylvania, 
New Jersey, and New York. Commissioners from some 
of the other States were on their way, but Maryland, 
Georgia, South Carolina, and Connecticut had appointed 
none. Nothing permanent could be accomplished with 
so few States represented; but before adjourning they 
agreed to a resolution framed by Alexander Hamilton 
which proposed a convention to be composed of commis- 
sioners from all the States to meet at Philadelphia on the 
second Monday in May, 1787, for the purpose of amending 
the Articles of Confederation. Copies of this resolution 

106 



THE CONSTITUTIONAL CONTENTION 107 

were sent to all of the States and also to Congress. Not 
until delegates had been appointed by six States did Con- 
gress practically approve of the plan by recommending 
to the States a convention identical with the one already 
provided for by the Annapolis resolution. The remain- 
ing States, Rhode Island excepted, soon appointed dele- 
gate. 

The day fixed for the Convention was May 14, 17S7, The 

i -i a r -»- 'pii Federal 

nut not until May 2o was there a quorum ot delegates Convention, 
from seven States present at Philadelphia. The number of 
delegates to be sent by each State had not been specified; 
and in order that the States should have equal powers, 
one of the first standing rules adopted provided that the 
voting should be by States. Seventy-three delegates were 
appointed as members in this, one of the most memorable 
mblies the world has ever known, but only fifty-five 
attended. Twenty-nine of the number were university 
men. With but few exceptions, the men who had been 
particularly prominent in the days of the Revolution were 
present Among them were Washington, who was unani- 
mously chosen President of the Convention, and Franklin, 
whose fame as diplomat and legislator was world-wide. 
Neither of these men took an active part in the debates, 
but their presence gave inspiration to the others and they 
had untold influence at critical times. 

On May 22, while some of the delegates, in their fears Delegates 
of displeasing the people, were recommending half-way ance. 
measures, Washington gave expression to that sentiment 
which was to dominate in the future debates of the Con- 
vention. Ho said: "It is too probable no plan we pro- 
Ill l>c adopted. Perhaps another dreadful conflict 
i- to be sustained. If to please the people, we offer what 
ourselves disapprove, how can we afterwards defend 
our work? Let us raise ;i standard to which the wise and 
tli'' honest can repair; the event is in the hand of God. M 



108 THE CONSTITUTIONAL CONVENTION 

Other signers of the Declaration of Independence present 
besides Franklin were Roger Sherman, of Connecticut; 
George Read, of Delaware; Elbridge Gerry, of Massachu- 
setts; Robert Morris, of Pennsylvania; and Chancellor 
Wythe, of Virginia. Virginia also sent George Mason, 
Edmund Randolph, and James Madison; Massachusetts, 
Caleb Strong, Nathaniel Gorham, and Rufus King. 
Delaware sent John Dickinson. Pennsylvania was repre- 
sented by James Wilson, the great jurist, and Gouverneur 
Morris, "whose correctness of language" led him to be 
selected to prepare the final draft of the constitution; and 
Connecticut by Oliver Ellsworth, one of the greatest law- 
yers of the day, who afterward became Chief-Justice, and 
William S. Johnson, who became President of Columbia 
College. Among the other more notable members were 
Alexander Hamilton, of New York; Governor William Pat- 
crson, of New Jersey; Luther Martin, of Maryland; and the 
two Pinckneys and John Rutledge, from South Carolina. 
Notable John Adams and Thomas Jefferson were then in En- 

present, rope, and Samuel Adams, Patrick Henry, and Richard 
Henry Lee disapproved of the Convention. 

Our knowl- The Convention lasted from May 25 to September 17, 17S7. 

invention 6 The members sat behind closed doors, and the charge of secrecy 
with regard to the proceedings was placed on them. The official 
journal was entrusted to Washington, who deposited it in the 
public archives in 1796. It was published in 1819 as a part 
of volume one of Elliot's Debates. We can gather little from 
the journal with regard to what was actually said by the mem- 
bers, but fortunately Mr. Madison, with an appreciation of the 
consequences of the Convention, decided to give as nearly as 

u ,. , possible an exact report of the proceedings. He wrote: "Nor 
Madison s r _ • , i - i ^ -i ^- xi r j 

"Journal," was I unaware of the value of such a contribution to the tuna 

50# of materials for the history of a Constitution on which would 

be staked the happiness of a people great even in its infancy. 

and possibly the cause of liberty throughout the world." These 

notes were purchased by the government from Mrs. Madison in 

1837 for $30,000, and published for the first time in 1839. 



THE CONSTITUTIONAL CONVENTION 109 

The magnitude of the labor of the Constitutional Con- Plans and 
Tendon can be understood only as we read in [Madison's mises. 
notes the report of the discussions. The actual work 
of the Convention was begun on [May 30, when it went 
into committee of the whole for the purpose of consid- 
ering a series of fifteen resolutions which had been pre- 
sented the day before by Governor Edmund Randolph, 
of Virginia. The plan of government set forth in them, The vir- 
known as the Virginia Plan, was largely the work of [Mr. * 
[Madison. It was considered until June 13, and after 
certain amendments had been adopted was reported back 
favorably to the Convention. Among the most important 
provisions finally submitted were the ioilowing: (1) 
That a National government should be formed possessing 
supreme legislative, executive, and judicial powers; (2) 
that the legislative power should be vested in a Congress 
of two separate houses — a House of Delegates to be chosen 
bj the people of the States, and a Senate to be elected by 
the House of Delegates; that the representation in both 
houses should be based on population or on contributions 
to the support of the government; and that the execu- 
tive should be chosen by both houses of Congress, and the 
judiciary by the Senate. This scheme had been fiercely 
attacked in the committee by the delegates from the 
smaller States, who desired to maintain equality of State 
representation. It was clear that if the plan proposed 
were adopted the government would pass into the hands 
of the laige States. 

Frustrated in their desiieSj the small States agreed Tho New 
upon a series of eleven resolutions, known as the New Plan. 

v Plan, which were presented by Mr. Paferson of 

that Stale on June 15. They provided for a continuance 

of the government under the Articles of Confederation, 

which were to he revised in SUcfa a maimer as to give to 

iL r re^ the power to regulate commerce, to rai.^e revenue, 



110 THE CONSTITUTIONAL CONTENTION 

and to coerce the States. This plan had been agreed upon 
among the members from Connecticut, New York, New- 
Jersey, Delaware, and Luther Martin, of Maryland. The 
New Hampshire delegates had not yet arrived. Con- 
necticut and New York were against a departure from 
the principle of confederation, wishing rather to add a 
few new powers to Congress than to substitute a National 
government. 



The 

Pinckney 

resolutions. 



Hamilton's 
views 



On the same day that Governor Randolph presented the Vir- 
ginia Plan. Charles Pinckney, of South Carolina, presented a 
series of resolutions founded on similar principles. It never 
received a separate consideration but had considerable influence 

on parts of the Constitution. 

On June 18, in the midst of the Crisis as in whether a national 
or a federal government should be established, Hamilton made 
his celebrated speech in opposition to both plans, lie wanted 
a highly centralised government. u i Governors/ 1 "senators," and 
"judges " were, according to his view, to hold office during good 
behavior. 



The Vir- 
ginia vs. 
the New 
Jersey Plan 



For three days the contest waxed hot over the merits 
and defects of these plans. It was asserted by those who 
opposed the Virginia Plan that it would destroy the sov- 
ereignty of the States. They believed also that they did 
not possess the power to create such a government. Said 
Paterson: "I came here not to speak my own senti- 
ments but the sentiments of those who sent me. Our 
object is not such a government as may be best in itself, 
but such a one as our constituents have authorized us to 
prepare and as they will approve." To this sentiment 
Randolph replied: "When the salvation of the Republic 
is at stake, it would be treason not to propose what we 
find necessary." Finally the arguments of Madison, Wil- 
son, and King triumphed and the Virginia Plan was again 
presented to the Convention. The debates became even 
more heated than before, as resolution after resolu- 



THE CONSTITUTIONAL CONVENTION 111 

tion was taken up. The critical time came when the 
clause which provided for proportional representation 
was reached. Luther Martin contended with great vehe- 
mence, "That the States, being equal, cannot treat or 
confederate so as to give up an equality of votes without 
giving up their liberty; that the propositions on the table 
are a system of slavery for ten States; that as Virginia, 
Massachusetts, and Pennsylvania have forty-two ninetieths 
of the votes, they can do as they please, without a mirac- 
ulous union of the other ten." Others claimed they would 
rather submit to a foreign power than be deprived of equal- 
ity of suffrage in both branches of the legislature. The TheCon- 
Convention was on the verge of dissolution when Johnson, compro- 
of Connecticut, brought forward a compromise based on 
the different methods by which members of the two houses 
were chosen in that State. This provided that the House 
of Representatives should be composed of members elected 
on the basis of population, while, in the Senate, large 
and small States were to be equally represented. Finally, 
after eleven more days of discussion, this, the first great 
compromise, was adopted. 

The adoption of the compromise was virtually a victory 
for the Virginia Plan. When the smaller States were 
given an equal vote in the Senate, they no longer feared 
that they would be absorbed, so they united with the 
larger States in giving yet greater powers to the general 
government 

How was the number of Representatives to be deter- Thesecond 
mined was another serious problem. It was agreed that fifths con- 
all free persons should be counted. There was little ob- p™ 111186, 
jection offered to counting those persons bound to ser- 
vice for a term of years and to the excluding of Indians 
not taxed. The chief debate arose over the question 
whether the slaves should be included in the enumera- 
tion. The South Carolina delegates maintained that 



112 THE CONSTITUTIONAL CONVENTION 



The third 
com pro- 



Influence 
of the com- 
promises. 



slaves were a part of the population, and as such should 
be counted. Objections were made that slaves were not 
represented in the legislatures of that and other States, 
and, in consequence, ought not to be represented in the 
National legislature; also, that they were regarded in 
those States merely as property, and as such should not 
be represented. There was grave danger that the work 
of the Convention would fail at this point. Finally, a 
proposition was introduced to the effect that slaves were 
to be represented as "other persons/ 1 three-filths of 
whom were to be counted. Another clause 4 was inserted 
for the purpose of reconciling the non-slaveholding States 
to this provision: that " direct taxes should be apportioned 
in the same manner as Representativ. ."' 

The third great compromise grew out of the question 
of the foreign slave trade. South Carolina and Georgia 
were anxious that this should be continued. This was 
opposed by the Northern States and by some of the South- 
ern. On the other hand, New England members, 
pecially, because of their interest in commerce, feared the 
results which would ensue if each State was allowed to be 
independent in commercial matters. They wanted the 
general government to have complete control of commerce. 
But this was resisted by some of the Southern delegates, 
who thought that, by some act of legislation, the trade in 
slaves might be prohibited. Finally a compromise was 
agreed upon which gave Congress power over commerce 
but forbade any act which might prohibit the importa- 
tion of slaves prior to 1S0S. It was also agreed that a tax 
of ten dollars each might be laid on all slaves imported. 

While the Constitution may be said to be made up of a 
series of compromises, these three settled, for the time, the 
questions which were most vital, and rendered the further 
work of the Convention possible. It has been sometimes 
asserted that there should have been no half-way meas- 



THE CONSTITUTIONAL CONVENTION 113 

ures on slavery; that had the question of slavery been 
settled at that time there need not have been a Civil War. 
But, as already noted, without compromises the work of 
the Convention must have failed, and political anarchy 
would have been inevitable, the results of which would 
have been even more disastrous than the effects of that 
terrible period of warfare between 1S61 and 1S65. 

The Constitution divided power among three practically some of 
independent departments of government, viz., the Legis- fdturVof 
lative, the Executive, and the Judicial. In place of the emment. 80 * 
single house of the confederation there was to be formed 
a legislative body consisting of two houses. Experience 
had proved that a strong executive power was necessary 
to enforce the laws. It was finally agreed to entrust this 
power to a single person, the President. 

Hamilton characterized the lack of a judiciary, under Authority 
the confederation, as the crowning defect of that govern- govern- 
ment. The conviction that the Federal judiciary should tabiished. 
constitute one of the three parts of the government was 
general in the Convention, and after a brief discussion 
provision was made for it. The Federal government, 
according to the Constitution, was no longer, as under 
the Articles of Confederation, to be the agent of or to 
be dependent upon the States. Its laws were to be im- 
perativc, not advisory merely, and were to operate upon 
persons and not States. Certain significant powers were 
bestowed upon the National government, such as the right 
to tax; to regulate commerce; to make war and peace; 
to support an army and navy; and to coin money. The 
peculiarity of the new government lies in the division of 
powers between State and National authorities. The 
National government was to exercise certain powers 
enumerated in the Constitution. All other powers not 
prohibited by the Constitution to the States were to be 
reserved to the States or to the people. 



114 THE CONSTITUTIONAL CONVENTION 



Signers of 
the Consti- 
tution. 



Madison's 

"Journal," 

763. 



Ratifica- 
tion of the 
Constitu- 
tion. 



Article VIL 



The final draft of the Constitution, prepared by Gouv- 
erneur Morris, was then submitted to the delegates for 
their signatures. Thirty-nine members, representing 
twelve States, affixed their names to the document, and on 
September 17 the Convention adjourned.* While the 
last signatures were being written, Franklin said to those 
standing near him as he called attention to a sun blazoned 
on the back of the President's chair: "1 have, often 
and often, in the course of the session, and the vicissi- 
tudes of my hopes and fears as to its issue, looked at that 
behind the President, without being able to tell whether 
it was rising or setting; but now, at length, I have the 
happiness to know that it is a rising and not a setting 
sun. ,, 

The Constitution was first submitted to Con. 
September 20, and the following (lav it became known 
to the peopk thlOUgh the New York daily ]>;i}><r>. For 
eight days the document was attacked by its opponents 
in Congress, but finally it was transmitted to the State 
legislatures to be sent by them to State conventions choseD 
by the people. This process of ratification was provided 
for by Article VII of the Constitution, as follows: 

The ratification of the conventions of nine State* shall he 
sufficient for the establishment of this Constitution bet 
the States so ratifying the same. 

The period included between September 28, 17^7, 
when Congress unanimously resolved to transmit the 
Constitution to the State legislatures, and June 21, 17S8, 
the date when it had been ratified by the necessary nine 
States,f was one of the most critical in our history. Every- 
where the Constitution was violently attacked. Political 
parties in a truly national sense were formed for the 



* See Appendix A. 

t The State legislatures submitted the Constitution to State Con- 
ventions. 



THE CONSTITUTIONAL CONVENTION 115 

first time. Those who supported the Constitution called 
themselves Federalists, and those opposed Anti-Federal- 
ists. 

In general, the opponents of the Constitution desired Argu- 

p n i p merits for 

more extensive powers for the States, and were to be found and against 

r .11 theConsti- 

largely among the rural population and debtor classes, tution. 
Its advocates, the Federalists, were the men of wealth and 
the inhabitants of the manufacturing and commercial 
centres. Among the leaders who ably defended the views 
of the opposition, the Anti-Federalists, were Richard 
Henry Lee, Elbridge Gerry, George Clinton, and Patrick 
Henry. It was urged that the President would become a 
despot, the House of Representatives a corporate tyrant, 
and the Senate an oligarchy; that equality of representa- 
tion in the Senate was an injustice to the large States; and 
that there was no Bill of Rights. The views of the Feder- 
alists are well presented in a letter written by Washington, 
on his return from the Convention, to Patrick Henry, in 
which he says: "I wish the Constitution which is offered 
had been more perfect; but it is the best that could be 
obtained at this time, and a door is open for amendments 
hereafter. The political concerns of this country are 
pended by a thread. The Convention has been looked 
up to by the reflecting part of the community with a solici- 
tude which is hardly to be conceived, and if nothing had 
been agreed on by that body, anarchy would soon have 
ensued, the seeds being deeply sown in every soil." 

Political letters, tracts, and pamphlets flooded the The 
country. The most noted articles in opposition were the 
"Letters from the Federal Farmer," prepared for the press 
of the country by Richard Henry Lee. No influence was 
more noteworthy in bringing about ratification than the 
Series of political essays afterward collected under the 
title of "The Federalist." They present the cause with 
such logic that to-day they are considered the best com- 



116 THE CONSTITUTIONAL CONVENTION 



The Consti- 
tution in 
the State 
conven- 
tions. 



The new 
govern- 
ment put 
into 
operation. 



mentary on the Constitution ever written. Alexander 
Hamilton inaugurated the plan and wrote 51 of the 85 
numbers. James Madison wrote 29 and John Jay 5. 

December 6, 1787, the ratification of the Constitution 
was secured in Delaware, the first State, without a dis- 
senting vote, and Pennsylvania, New Jersey, Georgia, 
and Connecticut quickly followed. Much depended on 
the action of the Massachusetts convention. After pro- 
longed debate the delegates were induced to accept the 
proposition that amendments might be made which would 
take the place of a Bill of Rights, and adopted the Con- 
stitution by B vote of 187 to 168, The ratification of 
Maryland and South Carolina soon followed, and the 
ninth State was seemed by tin 4 ratification of New Hamp- 
shire, June 21, 1788. Virginia ratified, June 25, with 
a vote of 89 in favor and 79 opposed, and New York, 
July 26, with 30 affirmative votes and 27 negative. It 
was not until November 21, 1789, that North Carolina 
voted to accept the Constitution, while Rhode Island held 
out until May 29, 17 ( .K). 

When the ratification of the ninth State had been 
cured, Congress appointed a special committee to frame 
an act for putting the Constitution into operation. It was 
enacted that the first Wednesday in January should be 
the day for appointing electors; that the electors should 
cast their votes for President on the first Wednesday in 
February, and that on the first Wednesday of March the 
new government should go into operation. It was not 
until April 1 that a quorum was secured in the House 
of Representatives, and in the Senate not until April 6. 
The electoral votes * were counted in the presence of the 
two houses on April 6. The inauguration of President 
Washington did not take place, however, until April 30. 

* New York did not choose electors, and North Carolina and Rhod« 
Island had not ratified the Constitution. 



THE CONSTITUTIONAL CONVENTION 117 

Ha vine: considered some of the problems of the Con- Origin of. 

11 i-ii i c i theConsti- 

vention and those connected with the adoption ot the tution. 
Constitution, we next inquire as to the origin of this epoch- 
making document. The often-quoted words of Mr. Glad- 
stone, which have no doubt been misinterpreted, have been 
used to strengthen the view that the Constitution was the 
creation of the Convention. He said: "As the British 
Constitution is the most subtle organism which has pro- 
ceeded from progressive history, so the American Consti- 
tution is the most wonderful work ever struck off at a given 
time by the brain and purpose of man." An analysis of the 
Constitution shows that there are some provisions which 
are new and that English precedent has had an influence, 
but that the main features were derived from the constitu- 
tions of the States. Many of the delegates of the Consti- 
tutional Convention had helped to frame these State 
constitutions, and all were familiar with their practical 
workings. Thus, the Convention was "led astray by no 
theories of what might be good, but clave closely to what 
experience had demonstrated to be good." * The fol- 
lowing familiar statement is an excellent summary: 
"Nearly every provision of the Federal Constitution that 
has worked well is one borrowed from or suggested by 
some State constitution; nearly every provision that has 
worked badly is one which the Convention, for want of a 
precedent, was obliged to devise for itself." 

With the exceptions of the constitutions of Pennsylvania and Influence of 
of Georgia, all of the State constitutions, in 1787, provided for ^nSitu^ 
legislatures of two houses. Hie term "Senate" was used to , » ,,n ; 
ignate the upper house in Maryland. Massachusetts. New Princeton 
North Carolina. Xew Hampshire, South Carolina, and Iv'i'ro' 
Virginia; and "House of Representatives" was commonly used 
for the lower house. The eon.»tituti<>n of Delaware provided for 
the election of one-third of the senators every two years, and 
the mtion made provision for taking a census 

* Jame* Russell Lowell, ■ddresi of April 13, 1888. 



118 THE CONSTITUTIONAL CONVENTION 



flew 
features 
of the 
Constitu- 
tion. 



Authority 
and pur- 

goses of the 
onstitu- 
tion. 



The 
preamble. 



once in seven years for the purpose of apportioning the Repre- 
sentatives. As already noted, Connecticut furnished the ex- 
ample for equal representation of the States in the Senate and 
for proportional representation in the House of Representatives. 
In nearly all of the State constitutions, each House was given 
the power to decide the election of its members, make rules, 
publish a journal, and adjourn from day to day. "All bills for 
raising revenue must originate in the House " is found almost 
word for word in the Massachusetts and New Hampshire consti- 
tutions. The powers of President and Vice-President resemble 
closely those granted the governor and lieutenant-governor. 
Other important provisions were, no doubt, derived from the 
State constitutions, such as the process of impeachment, the 
veto power, the first ten amendments, and the President's mes- 
sage. 

Professor Alexander Johnston, in the article the substance of 
which has just been given, states that while a judicial system 
existed as a part of the State governments, the "great achieve- 
ment of the Convention was the erection of the judiciary into a 
position as a co-ordinate branch of the government." lie 
also that " the process of electing the President is almost the only 
feature not a natural growth." 

It was evidently the intention of the framers of the 
Constitution to found a government deriving its author- 
ity from the people rather than from the States. The 

purposes for which this was done are set forth in the fol- 
lowing enacting clause, commonly called the preamble: 

"We, the people of the United Stairs, in order to form a 
more perfect union, estal)Iisli justice, insure domestic tran- 
quillity, provide for the common defense, promote the gen- 
eral welfare, and secure the blessings of liberty to ourselves 
and our posterity, do ordain and establish this Constitu- 
tion for the United States of America." 

This clause was attacked vigorously by the opponents 
of the Constitution, and especially in the Virginia and 
the North Carolina conventions. Said Patrick Henry: 
"And here I would make this inquiry of those worthy 
characters who composed a part of the late Federal 



THE CONSTITUTIONAL CONVENTION 119 

Convention. ... I have the highest veneration for those 
gentlemen; but sir, give me leave to demand, what right 
had they to say We the people? . . . Who authorized 
them to speak the language of, We the people, instead of, 
We the States? If the States be not the agents of this 
compact, it must be one great, consolidated, National 
government, of the people of all the States." It was 
argued, on the other hand, by Randolph, Madison, and 
others, that the government under the Articles of Con- 
federation was a failure and that the only safe course to 
pursue was to have a government emanating from the 
people instead of from the States, if the union of the States 
and the preservation of the liberties of the people were to 
be preserved. 



Supplementary Questions and References 

1. Consult American History, chapter 13, for additional ma- 
terial on the topics in this chapter. 

2. Why was Annapolis selected as the place of meeting? 
Madison, Journal of the Constitutional Convention, 37. 

3. For an account of Hamilton's resolution and its origin, 
see Madison's Journal, 37-41. 

4. Was the calling of a convention to remodel the articles a 
new idea? Madison's Journal, 43-45. 

.". Why did Congress, at first, object to the Hamilton resolu- 
tion ? Fiske, Critical Period of American History, 217. 

ft. State the problems connected with the appointment of dele- 
in some of the States. McMaster, History of the People 
of the United States, T, 390 

7. For an account of the members of the Convention, see Hart, 
American History told by Contemporaries, III, 205-211. 

8. For the contributions of the individuals and the classes of 
delegates, see Walker, The Making of the Nation, 23-27j Fiske, 
Critical Period, 224 229; McMaster, I, lis 123. 

9. Why did not Hamilton take a prominent part in the debate 



120 THE CONSTITUTIONAL CONVENTION 

before June 18 ? Give the chief points in his address of that date. 
Madison's Journal, 175-187. 

10. What were the significant points made by Madison in his 
speech of June 19? Madison's Journal, 187-196. 

11. Why did the New York delegates leave the Convention? 
Bancroft, VI, 259-2C0; Fiske, Critical Period, 254. 

12. W T hat was the attitude of the various members of the Con- 
vention toward the Constitution f Who refused to sign? Their 
reasons? Bancroft, VI, 364-367. 

13. Discuss the peculiar conditions in Massachusetts. Give 
the arguments presented. Schouler, T, old ed., 50, flOj new ed., 
GG-G8; Walker, 56-67; Fiske, Critical Period, 316 331. 

14. How was the Constitution regarded in Virginia? Ban- 
croft, VI, 426-436; Walker, 58, 00; Schouler, I, 70-75; Fiske, 
Critical Period, 334 31 

15. In what way did Virginia influence New York? What 

was the attitude of the New York Convention toward the Con- 
stitution? Bancroft, VI, 155-460; Walker, 60, 61; Schouler, 
I, old ed., 66, 67; new ed., 77 78; Piske, Critical Period, 340 
1G. a. What object ions were offered againsl the Constitution 

in Xortli Carolina! Hart, American History told bj 
Contemporaries, III, 251—254. 

b. What would have been the status of North Carolina 

and of Rhode Island if they had not ratified f Walker, 

73, 74; Hart, Formation of the Union, 132, 133. 

17. For a good account of the first Presidential election and 

the inauguration of the new government, see Fiske, Critical 

Period, 346-350; Schouler, I, old ed., 74-SG; new ed., 79-92. 



CHAPTER XIV 

ORGANIZATION OF THE LEGISLATIVE DEPARTMENT 

All legislative powers herein granted shall be vested in Article I, 
a Congress of the United States which shall consist of a 
Senate and House of Representatives. 

In the Constitutional Convention, Pennsylvania was a Congress 
the only State which objected to the resolution that a houses, 
legislative body consisting of two houses should be formed. 
The single house of the Confederation was regarded as a 
failure. It was believed that one house would form a 
check upon the other, and that there would thus be less 
danger of hasty and oppressive legislation. As already 
noted, the bi-cameral system existed in all of the States, 
Pennsylvania and Georgia excepted, and the names Senate 
and House of Representatives were also in common usage. 

The House of Representatives shall be composed of mem- Section 2, 
r-hosen every second year by the people of the several Term of 
States, and the electors in each State shall have the qualifi- and puali- 

. . 77 fications of 

cations requisite for electors of the most numerous branch electors. 
of the State Legislature. 

It ifl somewhat difficult for Americans to remember that mem- Responsi- 
bers of Congress, although elected by the people or by the State members o! 

are not, in consequence, compelled to receive in- Con g ress - 
structions from their constituents. Each member is supposed 
to use his own best judgment oil any question, and. like a mem- 
ber of the English House of Commons, ask: "What is for the 
good of the Nation?" Persona] views are frequently sacrificed, 
however, for party interests. 

Judge Cooley saya on this question: 

"Their own immediate constituents have no more right than 
the rest of the Nation to address them through the press, to 

121 



122 THE LEGISLATIVE DEPARTMENT 

appeal to them by petition, or to have their local interests 
considered by them in legislation. They bring with them their 
knowledge of local wants, sentiments, and opinions, and may 
enlighten Congress respecting these and thereby aid all members 
to act wisely in matters which affect the whole country; but the 
moral obligation to consider the interest of one part of the coun- 
try as much as that of another, and to legislate with a view to 
the best interests of all, is obligatory upon every member, and 
no one can be relieved from this obligation by instructions from 
any source." * 



Represen- 
tatives 
elected by 
the people. 



Amend- 
ment XV, 



Section 4, 
clause 2. 



A Congress. 



When the Constitution was framed, some of the State 
constitutions required a higher qualification in voters for 
the upper house of their legislatures than in voters for 
the lower house. With the object of making the House 
of Representatives the more popular branch, it was de- 
cided to grant the right of voting for a Representative 
to any person who might be privileged to vote for a mem- 
ber of the lower house of the legislature of his State. The 
one limitation upon the freedom of a State to determine 
what these qualifications are, is given in Amendment XV: 

The right of citizens of the United Stairs to rate shall not 

be denied or abridged by the United States or by any State 

on account of race, color, or precious condition of * 
tude. 

This amendment was proposed by Congress in Feb- 
ruary, 1S69, and was declared in force March 30, l s 70. 
It was intended to grant more complete political rights 
to the negroes recently declared, by Amendment XIV, 
to be citizens. 

The Congress shall assemble at least once in every year, 
and such meeting shall be on the first Monday in Decem- 
ber, unless they shall by law appoint a different day. 

Members of the House of Representatives are chosen 
for a term of two years, which period also determines 



* Cooley, Principles of Constitutional Law. 41, 42. 



THE LEGISLATIVE DEPARTMENT 123 

the length of a Congress. This election is held, in all 
but three of the States,* on the Tuesday after the first 
Monday in November, of even-numbered years, and the 
term begins legally on March 4 succeeding the time of 
the election.! Except in the case of a special session, the 
members do not enter upon their duties until the first 
Monday of the following December, thirteen months after 
the election. 

Each Congress has two regular sessions. The first, Sessions of 
beginning in December of an odd-numbered year, is 
called the "long session," for its length is not determined 
by a definite date of adjournment. It usually lasts until 
the following midsummer and may not extend beyond 
the first Monday in December, the time fixed for the be- 
ginning of the next session. The second, or "short ses- 
sion," cannot extend beyond 12 m., March 4, the time set 
for a new Congress to begin. The President may con- 
vene Congress in special session. 

The first Monday in December of each second year is The meet- 
a notable day in Washington, for the formal opening of organiza- 
a new Congress brings thousands of visitors to the city. Congress. 
In the House of Representatives the organization must 
proceed as if the body had not met before. To the Clerk 
of the preceding House are intrusted the credentials of 
the members, and from these he makes out a list of the 
members who are shown to be regularly elected. At the 
hour of assembly he calls the roll from this list, announces 
whether or not a quorum is present, and states that the 
Gist business is to elect a Speaker. After his election the 
Speaker takes the oath of office. 



* Oregon holds its election on the first Monday in June; Vermont on 
the first Tuesday in B rj and Maine OH the second Monday in 

September. 

t The first Congress extended legally from March 4, 17S9, to March 4. 
1791. 



124 THE LEGISLATIVE DEPARTMENT 



Section 2, 
clause 2. 
Qualifica- 
tions of 
Represen- 
tatives. 



The Senate is a " continuing body" and no formal or- 
ganization is necessary. At the opening of a new Con- 
gress the Vice-President calls the body to order and the 
other officers resume their duties. After the President 
pro tempore has been chosen, the newly elected members 
are escorted to the desk in groups of four and the oath is 
administered by the President of the Senate. Each house, 
when organized, notifies the other of the fact and a joint 
committee of the houses is appointed to wait upon the 
President and inform him that quorums are present and 
are ready to receive any communication he may desire to 
send. 

No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and hem i 
years a citizen of the United States, a/id who shall not 
when elected he an inhabitant of that State in which lie 
shall he chosen. 

A great diversity of qualifications for members of the 
State legislatures existed in the various State constitu- 
tions. With such differences of opinion, it was agreed 
to make the positive qualifications for members of the 
National legislature few and simple. They pertain to 
age, citizenship, and inhabitancy, and the opinion pre- 
vails that the States may not add others. It has been 
the belief in the United States that an inhabitant of a 
State has a deeper concern for the interests and represents 
the people of his State more completely than a stranger. 
Hence, a Representative is not only required to be an in- 
habitant of the State, but custom has decreed that he 
must also be an actual resident of the district which he 
represents. It sometimes happens in Xew York City, 
however, that an "up-town" resident is elected to repre- 
sent a "down-town" constituency. 

May the House refuse to admit a person duly elected and 
possessing the constitutional qualifications? This question arose 



THE LEGISLATIVE DEPARTMENT 125 

in the 56th Congress in the ease of Brigham Roberts, of Utah, 
and he was excluded on the ground that he was a polyg- 
amic. 

Section '2, Amendment XIV, which became a part of 
the Constitution July 28, 1868, contains the rule of ap- 
portionment which is now in operation. 

It declares that: 

Representatives shall be apportioned among the several Apportion- 
States aeeording to their respective numbers, counting the Rcpresen- 
whole number of persons in each State, excluding Indians 
not taxed. But when the right to vote at any election for ^enTxiv. 
the ehoiee of eleetors for President and Viee-P resident of sectl0n 2 - 
the United States, Representatives in Congress, the executive 
and judicial officers of a State, or the members of the Leg- 
islature thereof is denied to any of the male inhabitants of 
such State, being twenty-one years of age, and citizens of 
the United States, or in any way abridged, except for par- 
ticipation in rebellion or other crime, the basis of repre- 
sentation therein shall be reduced in the proportion which 
the number of such male citizens shall bear to the whole num- 
ber of male citizens twenty-one years of age in such State. 

When the amendment was proposed, negroes had been 
granted the right of suffrage in only a few States, and 
Congress believed that rather than have the number 
of their Representatives reduced the other States would 
a No be willing to grant them complete political rights. 
Tennessee was the only Southern State which ratified the 
amendment, but since Amendment XV became a part of 
the Constitution before the next apportionment of Repre- 
sentatives was made, this section was not put into practical 
operation. Each State may -till determine for itself who 
the right to vote within its limits. (See page 43.) 

A few of the States, as Pennsylvania, require a property qual- 
ification, and about one-third require an educational qualifi- 
cation for voters. In Massachusetts he must be able to read 



126 THE LEGISLATIVE DEPARTMENT 



Article I, 
section 2, 
clause 3. 
Original 
method of 
apportion- 
ment. 



the State constitution in the English language, and write his 
own name unless prevented by physical disability or was sixty 
years of age when the amendement went into effect. In Louisi- 
ana and South Carolina the voter must either be able to read 
and write or possess property valued at three hundred dollars. 
It has been claimed that the object of some of these amend- 
ments was not alone to exclude illiterate voters. In proof, it is 
shown that what has been called the "grandfather clause" ill 
some cases dispenses with the educational qualification. This 
provides, as stated in the constitution of North Carolina, that 
"no male person who was on January 1, 1807, or at any time 
prior thereto, entitled to vote under the laws of any State in the 
United States wherein he then resided, and no lineal descendant 
of any such person, shall be denied the right to register and vote 
at any election in this State by reason of his failure to possess the 
educational qualifications prescribed. 11 Tin 4 question has arisen, 
Should not section 2 of Amendment XTV be enforced? for the 
various restrictions exclude thousands Of adult male citizens 

from voting. Thus far no action has been taken, although 
the Republican party in the National platforms of 1904 and 
1908 pledged itself to enforce this provision. 

The original method of apportionment was as folk 

Representatives and direct fa. res shall be apportioned 
among the several states which may be included within this 
Union, according fo their respect ire numbers, which shall 

he determined by adding to the whole number of free persons, 
including those bound to service for a term of years, and 

excluding Indians not taxed, three-fifths of all other per- 
sons. The actual enumeration shall he made within three 
years after the first meeting of the Congress of the United 
States, and within every subsequent term of ten gears, in 
such manner a? theg shall hij laic direct. The number of 
Representatives shall not exceed one for every thirty thou- 
sand, but each State shall have at least one Representative; 
and until such enumeration shall he made, the State of New 
Hampshire shall be entitled to choose three, Massachusetts 
eight, Rhode Island and Providence Plantations one, Con- 
necticut five, New York six, New Jersey four, PennsyU 



THE LEGISLATIVE DEPARTMENT 127 

rania eighty Delaware one, Maryland six, Virginia ten, 
Xorth Carolina fire, South Carolina fire, and Georgia 
three. 

The three-fifths rule was rendered void by the adoption 
of Amendment XIII, which abolished slavery. There 
were then no longer the " other persons." That part of 
the clause providing for the laying of direct taxes is still 
in force. Really the Southern States were favored. In 
practical operation, while their direct taxes were increased, 
these were imposed only on five occasions, and the States 
of the South secured a large increase of Representatives, 
The Indians "not taxed" doubtless refers to those Indians 
who still maintain their tribal relations or live on the 
reserva tions. Their number, according to the census of 
1910, was 129,518. 

A careful enumeration of the population of the L T nited The 
States had not been made in 1787. In order to carry ensus * 
out this provision of the Constitution, the first census was 
taken in 1790 and there has been one every ten years 
since that time. The taking of the census and the com- 
pilation and publication of the statistics connected with 
it are under the supervision of the Director of the Census. 
The principal reports in the census are those on popula- 
tion, manufactures, and agriculture. On account of the 
establishment of a permanent census bureau, in 1902, the 
work of taking the census is now conducted with much 
greater economy and efficiency. 

According to the original method of apportionment, the num- The ratio 
ber of Representatives was not to exceed one for every 30,000 £a558ion. 
people, and the House contained 65 members. Various methods 
were used in ascertaining the ratio of representation after each 
census until 1870, when the pn m was employed for the 

first time. 

The House of Representatives, after March 4, 1903, accord- Apportion- 
ing to the reapportionment art of January 12, 1901, had 886 Jj5K* of 
members as a minimum, the ratio being one Representative to 



128 THE LEGISLATIVE DEPARTMENT 



Members 
from new 

States. 



Apportion- 
ment of 
1911. 



Territorial 
delegates. 



Section 2, 
clause 4. 



Vacancies." 



Section 2, 
clause 5. 



194,182 of the population. An effort was made to keep the num- 
ber at 357 as established by the reapportionment act of 1891, but 
no ratio could be found which would enable this to be done 
without taking from some of the States one or more of their 
present Representatives. 

The Representatives of States coming into the Union after 
the apportionment is made are always additional to the number 
provided for by law. Thus when Oklahoma was admitted five 
Representatives were added, making 391 members in all. 

According to the census of 1910, several States were entitled 
to additional members, but in order that no State should 1 
duced, the House of Representatives passed a bill providing for 
an increase of 42 members. The new ratio would then be one 
Representative to 211,877 people. Effort was made to prevent 
this increase, for it was argued that the House had already become 
unwieldy, requiring great effort on the part of members to make 
themselves heard. The bill failed to pass the Senate at the regu- 
lar session but subsequently, at the Bpecia] session, it was passed 
and became a law. 

The number of members in the House of Commons is 670; 
in the French Chamber of Deputies, 5Si; and in the German 
Reichstag, 396. 

Arizona, Alaska, Hawaii, and Porto Rico are each en- 
titled to send one delegate and the Philippine Islands two 
delegates to the House of Representatives. These dele- 
gates have the privilege of speaking in the House but may 
not vote. 

When vacancies happen in the representation from any 
State, the executive authority thereof shall issue icrits of 
election to fill such vacancies. 

When a vacancy occurs in the representation from any 
State on account of death, expulsion, or for other cause, it 
is made the duty of the Governor of the State in which the 
vacancy exists to call a special election in that district to 
choose a Representative for the remainder of the term. 

The House of Representatives shall choose tlieir Speaker 
and other officers, and shall liave the sole power of impeaclv* 
merit. 



THE LEGISLATIVE DEPARTMENT 129 

The Speaker is always a member of the House.* The Officers 

\ J of the 

other officers are the Clerk, Sergeant-at-arms, Door- House, 
keeper, Postmaster, and Chaplain, none of whom is a 
member of the House. The Clerk calls the House to order 
at the first meeting of each Congress, and acts as the pre- 
siding officer until a Speaker is elected. He keeps the 
record of all questions of order that arise, certifies to the 
passage of bills, and has charge of the printing of the 
House Journal. The Sergeant-at-arms sees that good 
order is preserved. 

The Senate of the United States shall be composed of two Section 3, 
Senators from each State, chosen by the legislature thereof 
for six years; and each Senator shall have one vote. 

This clause constitutes a part of the celebrated com- Number, 
promise between the large and the small States. There and term 
was also great diversity of opinion with regard to the Senators, 
number of members in the Senate and their apportion- 
ment among the several States. After equality of rep- 
resentation in this body was decided upon, there still re- 
mained the question as to the number from each State. 
Were there to be three or two? Finally two, the smallest 
number of Representatives to which a State was entitled 
under the Confederation, was adopted. f Unlike the dele- 
gates in the Continental Congress, the Senators do not 
vote by States. The two Senators from a State may 
and often do vote on opposite sides of a question. Other 
questions arose such as: Were the Senators to be chosen 
by the legislature of each State; by the people of the 

tes; or by the House of Representatives either directly 
or from candidates nominated by the State legislatures? 
The reasons for the unanimous adoption of the first plan 

* For an account of the Speaker and his power in legislation, see 
pp. 175-177. 

t The Senate, 1912, contains ninety-four members; the English House of 
Lords 560, and the French Senate 300. 



130 THE LEGISLATIVE DEPARTMENT 



Section .'$, 
clause 2. 

Classes of 
Senators. 



seems to have been that it would connect the State govern- 
ments more closely with the National government, and 
that the powers of the States would not be unduly en- 
croached upon by the general government AJexandi r 
Hamilton was in favor of choosing Senators for life or 
during good behavior. Terms of nine years, of seven 

years, of SIX years, of five years, of four year-, and of 
three years were also proposed. Six years was thought 

to be most satisfactory, for it would secure permanence 
of governmental policy and responsibility in the Senators, 

and at the same time guard againM the dang a life 

tenure in which desirable changes would be too much re- 
sisted. 

The modifications introduced by the next clause Seem 
to have been intended to provide against any permanent 
combination among the member-. 

Immediately after they shall be assembled in coneeqw 
of the first election, they shall l>e divided, as equally as may 

he, into three classes. The stats of the Senators of tie 
class shall he vacated at the expiration of the second 
of til r second class, at the txpiration of the fourth gear; ami 
of the third class, at the expiration of the sixth ge<ir; so that 

one-third may be chosen every second year, and if vacancies 

happen by resignation OT other/rise, during tin ofths 

legislature of any State, the executive thereof mag malce 
temporary appointments until the next meeting of the I 
lature, which shall then Jill such vacancu 

According to this provision, at the first session of the 
first Congress, the Senators were divided into three cla 
Senators from the same State are always placed in sepa- 
rate classes, and the Senators from a new State are assigned 
in such a manner as to preserve the classification. The 
classes they are to enter is determined between them by 
lot drawn in the presence of the Senate. Thus, the Sena- 
tors from Utah were assigned to the two- and the four-year 



THE LEGISLATIVE DEPARTMENT 131 

classes, and neither of them served the full term of six 
years. 

A Senator appointed by the Governor of a State dur- 
ing the recess of the State legislature holds the office 
until the next meeting of the legislature, or, in case that 
body fails to elect his successor, until the end of the ses- 
sion of the legislature. 

If, after a Senator's term expires, the legislature fails to elect If the 
his successor, the question arises, may the Governor fill the Joes not 1 * 
vacancy by appointment? In several instances the Senate has | lect t a 
decided against this procedure, and the decision in another 
case in April, 1900, would seem to indicate that it proposes to 
carry out the precedent. 

No person shall be a Senator who shall not have attained Section 3, 
to the age of thirty years, and been nine years a citizen of QuaHfica- 
the United States, and who shall not, when elected, be an in- Senators. 
habitant of that State from which he shall be chosen. 

Members of the Senate are ordinarily older than mem- 
bers of the House. They are men also who, as a rule, 
have been prominent in public affairs, National or State. 
Because of their training and the control by the Senate 
over treaties and certain of the appointments, Senators 
have been conceded greater political power than Repre- 
sentatives. 

The Vice-President of the United States shall be Prcsi- Section 3, 
dent of the Senate, but shall have no vote unless they be President 
equally divided. Senate. 

The Senate shall choose their other officers, and also a section 3, 
President pro tempore, in the absence of the Vice-President, (lause 5 - 
or when he shall exercise the office of President of the 
United States. 

The officers of the Senate are President, Secretary, other 
Chief Clerk, Sergeant-at-arms, Chaplain, Postmaster, thefenate 
Librarian, and Door-keeper, none of whom is a member 
of the Senate. The Vice-President of the United States is 



132 THE LEGISLATIVE DEPARTMENT 



The 

President 

pro 

tempore. 



Oath of 
office. 



Section 4, 
clause 1. 
Power of 
Congress 
over the 
elections of 
Senators 
and 

Represent- 
atives. 



Method 
prescribed 
for the 
election of 
Senators. 



President of the Senate, but has no vote "unless they 
are equally divided. " He cannot take part in the debates 
nor appoint the Senate committees. These committees, 
as well as the other officers, are chosen by the Senate. 
Their duties are similar to those of the corresponding 
positions in the House. 

It is desirable, in the absence of the Vice-President, 
that the Senate shall have a presiding officer, and so at 
the opening of the session that body chooses from its 
own members a President pro tempore. He may vote 
on any question, but cannot cast the deciding vote in 
case of a tie. 

The Vice-President takes the oath of office when he is 
inaugurated. On the first day of the session he admin- 
isters the oath of office to the new Senators, who swear 
to support the Constitution and the laws of the United 
States. 

The times, places, and manner of holding elections for 
Senators and Representatives shall he prescribed in ear It- 
State hy the legislature thereof; hut the Congress may at 
an ii time, hy laic, make or alter such regulations, except as 
to the place of choosing Senators. 

Congress did not exercise its authority in the election 
of Senators prior to I860. Many disturbances had 
arisen betw r een the houses of the legislatures over the 
mode of election, and an act of that year provided for 
the present uniform system as follows: The legislature 
chosen next before the expiration of the term of a Senator 
shall proceed to elect his successor on the second Tuesday 
after its organization. On that day each house must vote 
separately by a viva voce vote and enter the result on its 
journal. The two houses are required to meet in joint 
assembly at 12 m. the following day, when the results are 
read. If the same person has received a majority of the 
votes in both houses, he is elected. If no person have 



THE LEGISLATIVE DEPARTMENT 133 

such majority, the joint assembly must take a viva voce 
vote and the person receiving a majority of such votes 
is elected, providing a majority of all the members elected 
to both houses are present and voting. Should there still 
be no election, the joint assembly must meet at noon on 
each succeeding day and take at least one vote until a 
Senator shall have been chosen. The procedure is the 
same in the case of a vacancy which has occurred before 
the legislature has assembled. When the vacancy happens 
during the session of the legislature, it must proceed in 
the same way the second Tuesday after receiving notice of 
the vacancy. The usual practice, however, in the States 
where direct nomination has not been adopted, is for the 
members of the different parties in the legislature to meet 
in separate caucuses and agree upon the candidates which 
they will present to the legislature. 

''Deadlocks" in the election of Senators have frequently oc- Popular 
curred. In 1S99, the legislature of Pennsylvania cast seventy- Senators 
nine ballots and finally adjourned without electing a Senator. 
The legislature of Nebraska, in 1901, voted for three months be- 
fore a Senator was elected. It is stated that at least half the 
States have, during the past fifteen years, suffered from dead- 
locks. At times also the votes of individual members in some 
of the legislatures have been secured by bribery. Because of 
these and other abuses the agitation in recent years for the 
election of Senators by popular vote has been more pronounced. 
The House of Representatives has passed the resolution a num- 
ber of times providing for an amendment to the Constitution 
which would secure the election of Senators by popular vote. 
More than two-thirds of the State legislatures have gone on 
record in favor of such a reform. But not until 1911 was tins 
proposal to amend the Constitution reported to the Senate for 
favorable action. Th< d the resolution stood 54 in 

favor and 33 against. Thus the necessary two-thirds lacked 
four vofc 

Meantime, in a number of the States then' has been the at- tho 
tempt to get around the oonstitutional difficulty. The so-called 2 r ** ,B 
n plpn r eally provides for the direct election of Senator-. 



134 THE LEGISLATIVE DEPARTMENT 

According to this plan each party nominates its candidate in a 
primary election. The names of these candidates are then placed 
on the State ticket and are voted for at the general election. The 
person receiving the highest number of votes is declared to be the 
choice of the people. To make these steps effective, candidates 
for the legislature may be pledged, in their petition for the pri- 
mary! to vote for that candidate for United States Senator who 
has received the highest number of votes at the general election, 
without regard to their own personal preference. By such a 
process, it has happened that a Senator has been chosen of a 
different political party from that having the majority in the 
State legislature. 



Time and 
method of 
choosing 
Represent- 
atives. 



Redisrict- 
ing the 

States. 



"Gerry- 
mander- 
ing." 



The time for the election of Representatives has been 
prescribed by Congress to be the Tuesday next after the 
first Monday in November of the even-numbered y< 

The Constitution provides that they shall be elected by 

the people. For many years there was variation in the 
practice 4 of the States, some electing their Representatives 
by districts, others at large. Since 1842 Congress has re- 
quired the district plan. But a State receiving an addi- 
tional Representative! by a new apportionment, may elect 
him at large until the State is redistricted. 

The process of districting the States is under the con- 
trol of the State legislatures, and is usually performed 
during the first session after a new apportionment has 
been made, although some States are redistricted more 
frequently. The only restrictions placed upon the 1 
latures are those contained in a Congressional act of Feb- 
urary 2, 1872, which provides that the districts shall be 
composed of contiguous and compact territory and con- 
tain, as nearly as practicable, an equal number of inhabi- 
tants. 

The desire to secure party advantage has often led to 
the manipulation of district lines in a most unfair manner. 
We have good examples of this method in the redisricting 
of some of the States after each census. Thus, portions 



THE LEGISLATIVE DEPARTMENT 135 

of a State containing large numbers of voters of the oppos- 
ing party have been annexed to a district which could not 
be carried by the party having a State majority. Or at 
times territory, consisting either of one or more counties 
or a portion thereof, which had voters that could be spared 
by the majority party in one district has been united with 
some other district where the majority of their adversaries 
could thus be offset. Territory has been regarded as 
contiguous when it touched another portion of the district 
at one point. As a consequence, peculiarly constructed 
districts are to be found in some of the States, such as the 
"monkey-wrench" district of Iowa. When the Repre- 
sentative districts o\ a State have been in this manner the 
objects of political manoeuvring or when a similar system 
has been used in forming State legislative or judicial dis- 
tricts the State is said to have been "gerrymandered. " * 

The origin of the expression is described in the following: u So Origin of 
called from Elbridge Gerry, a leading Democratic politician in „2£der" M 
Massachusetts (a member of the Constitutional Convention of B: 

A.111P n C3.n 

1787, and in 1S12 elected Vice-President of the United States), Common- 
who. when Massachusetts was being re-districted, contrived a J*^ 
scheme which gave one of the districts a shape like that of a 
lizard. A noted artist entering the room of an editor who had 
a map of the new districts hanging on the wall over his desk, 
observed. 'Why, this district looks like a salamander.' and put 
in the claws and eyes of the creature with his pencil. ' Say 
rather a Gerrymander,' replied the editor, and the name stuck." 
ter writers have maintained that Mr. Gerry was opposed to 
this scheme. 

Supplementary Questions and Referencis 

1. What is the Dumber of the present Congress? Give the 
times for the beginning and end of each session. 

2. For a discussion on the time wbei - should c on vene, 
see Beard, Ameri rnmenl and Politics, pp. 248, 240. 

* City wards have also been "gerrymandered." 



136 THE LEGISLATIVE DEPARTMENT 

3. It is not required by law that a Representative should reside 
in the district that he represents, but it is an established custom. 
What are its advantages and its disadvantages ? Compare with 
the English practice. Bryce, American Commonwealth, I, chap- 
ter 19, 186-190. 

4. Do you favor an educational qualification for voters ? Why 1 

5. Were the States mentioned on pp. 125-126 justified in the 
enactment of their suffrage laws! 

6. Should section 2, Amendment XIV, be enforced? Rev, 
of R's, 22:278-275; 653, 654; 25:716-718; Forum, 31: 
225-230; Outlook, 70 : 79 1-7! •_>. 

7. What are the points of likeness and of difference betw een 
the House of Representatives and the House of Commons? X. 
Am. Rev., 170 : 78 86. 

S. How large is your Congressional district? Compare its 

area with that of other districts in Your State. What is its pop* 

ulation? Compare this with the ratio of apportionment; also 

with the population of other districts in your State. Compare 

the number of votes cast for Representative in your district with 
the number cast in districts of other States in different 9 
the country. How do you account for the variations? Sec New 
York World Almanac. 

9. Give the numl>er of Representatives to which your Sta 

entitled. Was the number increased in the last apportionment? 

10. With the admission of New Mexico or of Arizona how 
many Representatives would he added? How many Senators? 
Why were these territories not admitted by the 61st Congress 
(1911)? 

11. For " gerrymandering/ ' effects, and remedy, see Outlook 
97 : 186-193; Beard Readings in American Government and 
Politics, 219, 220. 

12. For accounts of the method by which a census is taken, see 
American Census Methods, Forum, 30 : 109-119; Merriman, 
Census of 1900, N. Am. Rev., 170; Durand, Census of 1910, 
Rev. of R's, 41 : 589-596; 404-405. 

13. What were the results of the Census of 1910; present pop- 
ulation; distribution of the population; and growth during the 
century? World's Work, 21 : 13S3S-13S42. 



THE LEGISLATIVE DEPARTMENT 137 

14. Who are some of the best known Representatives and 
Senators? For what reasons are each noted? 

15. Who are the Senators from your State? When was each 
elected ? 

16. Give the names of the Speaker, and of the President pro 
temjKfre. 

17. Should Senators be elected by the votes of the people? 
% Beanl. Readings in American Government and Politics, 226-233; 

Outlook, 97 : 351, 352; 3S9-392; Haynes, The Election of 
Senators (arguments for), 153-210; (arguments against), 211- 
258; Rev. of R's, 42 : 133-140; Forum, 42 : 142-147; Indept, 
63 : 847-851; 64 : 1311-1312; 66 : 267-268. 

L8. The power of the Senate, X. Am. Rev., 174, 231-244; 
Reinsrh. [leadings on American Federal Government, 146-155. 

19. Ought there be an amendment to the Constitution pro- 
viding for uniform qualifications for suffrage? 



Article II, 
section 4. 



Article I, 
section 2, 
clause 5. 

Section 3, 
clause 6. 



Section 3, 
clause 7. 



Who 

maybe 

impeached. 



CHAPTER XV 
POWERS AND DUTIES OF THE SEPARATE HOUSES 

I. Impeachment. 

The President, Vice-President, and all civil officers of the 

United States .shall be removed from office on impeachment 
for, and conviction of, treason, briber;/, or of Iter high crimes 
and misdemeanors. 

The House of Representatives shall . . . have the sole 
power of impeach menL 

The Senate shall hare the sole power to try all impeach- 
merits. When sitting for that purpose, (hey shall be on oath 
or affirmation. When the Preside/it of tlie United States is 
tried, the Chief Justice shall preside; and no person shall 
be convieted without the eoneurrence of tico-thirds of the 
members present. 

Judgment in cases of impeachment shall not extend 
further than to removal from office and disqualification to 
hold and enjoy any office of honor, trust, or profit under the 
United States ; but the parti/ convicted shall nevertheless be 
liable and subject to indictment, trial, judgment, and pun- 
ishment according to law. 

The term "civil officers" is here used in distinction from 
military and naval officers, who are tried for offences by 
courts-martial. Members of Congress may not be im- 
peached. It has been determined that they are subject 
only to the rules of the house of which they are members. 

What constitutes high crimes and misdemeanors has 
never been accurately defined, but they are understood 

138 



POWERS OF THE SEPARATE HOUSES 139 

to be those offences of an official nature which the ordi- 
nary courts of law cannot reach; such as, abuse of power, 
acceptance of bribes, or intemperance. 

The House of Representatives has the sole power to prefer The 
charges of impeachment. These take the place of the indict- JJJj, 
ment in the ordinary criminal trial. The Senate has the sole 
power to try all impeachments. The Chief Justice of the United 
States must preside in the trial of the President, while in ordi- 
nary trials the presiding officer is the Vice-President or the 
President pro tempore. The manner of conducting the trial 
xnbles that of a trial by jury. Each Senator is sworn to be 
impartial in his decision; managers from the House present 
the charges at the bar of the Senate; the accused may answer 
in person or through his counsel; and witnesses are examined. 
When all the evidence has been submitted, the Senate deliberates 
on the case in secret session. In order that impeachment may 
not be used for party purposes, it is provided that there shall 
no conviction except by a two-thirds vote. During the 
progress of the trial, the officer impeached is permitted to per- 
form his regular duties. 

Xo action can be taken by the Senate other than to remove the Judgment 
convicted official from office and to disqualify him from holding tion? QV1C " 
any office under the United States. If the offence upon which 
the conviction is secured is one punishable by law, the person 
i.- liable to a regular trial in the courts. The President may not 
grant a pardon in cases of impeachment. 

Largely because of the cumbersome method of procedure, Impeach- 
the number of impeachment trials has been small. These have 
been the following: Senator William Blount in 1799; Judge 
John Pickering of the United States Supreme Court in 1S03; 
Judge Samuel Chase of the United States Supreme Court in 1S04; 
Judge James II. Peek of the Federal District Court in 1S30; 
W. II. Humphries of the United States District Court in 
1862; President Andrew Johnson* in 1868; Secretary of War 
W. \Y. Relknap in 1876; Judge Charles Swayne of the United 
District Court in 1904; Judges Pickering and Hum- 
phries were convicted. 



140 POWERS OF THE SEPARATE HOUSES 



II. The Quorum, Journal, and Freedom of Speech. 

Section 5, Each house shall be the judge of the elections, returns, 

Determina- and qualifications of its own members, and a majority of 
member- each shall constitute a quorum to do business; but a smaller 
quorums, number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner and under such penalties as each house may pro- 
vide. 

It is obvious that the power to judge of the elections, 
returns, and qualifications of members of a legislative 
body, must exist somewhere. This right could not be 
better placed than in the houses constituting the legis- 
lative body, for by the exercise of this right the indepen- 
dence and purity of the houses are preserved. 

Contested In the Senate the question raised in a contest usually 

opofa in tllft 

Senate. applies to whether a Senator has been duly elected. Nu- 
merous cases have been tried upon the ground that elec- 
tions have been secured by bribery and corruption. Among 
the most noted contests was that which arose in 1911, over 
the report of the Senate investigating committee in the 
case of Senator Lorimer of Illinois. A majority of the 
committee reported that the charges of bribery had not 
been proven. In the discussion before the Senate it was 
maintained by the leading advocates for Mr. Lorimer's 
right to his seat in the Senate that purchased votes were 
not to be counted and that he had received a majority 
of unquestioned votes in the legislature. This view was 
characterized by the opposition as dangerous and alarm- 
ing. Finally, after a debate extending over many days in 
which the foremost Senators took part, the minority report, 
which asserted that Senator Lorimer, of Illinois, was not 
"duly and legally elected," was lost by the vote of 46 to 40. 
The outcome will doubtless do much to strengthen the 
demand for the election of Senators by popular vote. 



POWERS OF THE SEPARATE HOUSES 141 

In the House the name of the person possessing the Contests in 
certificate of election signed by the Governor of his State 
is entered on the roll of the House, but the seat may 
still be contested. Many eases of contested elections are 
considered by each new House. Each of the cases when 
presented to the House consumes from two to five days 
which might otherwise be used for the purposes of legis- 
lation. The law provides that not more than S2,000 shall 
be paid either of the contestants for expenses, but even 
then, it is estimated, these contests cost the government, 
all told, £40,000 annually. When the decision is ren- 
dered by the House, the vote is, in most cases, strictly on 
party lines, regardless of the testimony. In view of these 
facts, it has been suggested that the Supreme Court 
should decide all contested elections. 

Fifteen members, including the Speaker, may be authorized what con- 
to compel the attendance of absent members. This is accom- 
plished as follows: the doors of the House are closed, the roll 
is called, and absentees noted. The Sergeant-at-arms, when 
directed by the majority of those present, sends for, arrests, and 
brings into the House those members who have not a sufficient 
excuse for absence. When a quorum * is secured the business 
is resumed. 

Each house may determine the rules of its prorrrdinr/s, Sections, 
punish its members for disorderly behavior, and, with the Rul< 
concurrence of two-thirds, expel a member. supine 

The right to make its own rules is usually intrusted to 
rv assembly, and this power should be vested in the 
houses of the National legislature. Hut rules would be 
without value unless there were some means of punish- 
ment provided for those who disregard them. It is alsd 
desirable that, in extreme cases, there should be some 
method of redress. The two-thirds vote necessary to ex- 
pel a member seems wise in order that expulsion may 

* For the power of the Speaker in counting a quorum, see p. 170. 



stitutes a 
quorum. 



142 POWERS OF THE SEPARATE HOUSES 



Section 5, 
clause 3. 
The Jour- 
nal. 



The yeas 
and nays. 



Section 5, 
clause 4. 
Power to 
adjourn. 



not be easily used in the interest of a faction or of a politu 
cal party. 

Each House shall keep a journal of its proceedings and 
from time to time publish the same, excepting such parts as 
may in their judgment require secrecy ; and the yeas and 
nays of the members of either House on any question shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

By means of the Journal, read at the opening of each 
day's session, the official record of the proceeding 
Congress is made known to the public. The debates do 
not appear in the Journal, but are published each day in 
the "Congressional Record." 

Another means of keeping constituents informed on 
the position of their Representatives is through the re- 
cording in the Journal of the vote of each member upon 
the demand of one-fifth of those present. Tn voting by 
the "yeas and nays," the (Jerk calls the roll of members 
and places after each name, "yea," "nay," "not voting," 
or "absent." The Senate rules specify this as the only 
method of voting. (Other methods of voting are indica- 
cated on p. 150.) 

Neither House, during the session of Congress, shall, 
without the consent of the other, adjourn for more than tliree 
days, nor to any other place than that in which the two 
Houses shall be sitting. 

Without such a provision it would be possible for either 
House, by adjourning, to block effectually all legislation. 
If there is a disagreement between the two Houses with 
respect to the time of adjournment, the President may 
adjourn them to such a time as he thinks proper. He 
is also authorized by law to convene Congress at some 
other place than Washington, in case of the existence 
there of contagious disease or of any other conditions 
which would place life or health in jeopardy. 



OS. 



POWERS OF THE SEPARATE HOUSES 143 

The Senators and Representatives shall receive a com- section 6, 
penpal ion for their services to he ascertained by law, and Oompenl 
paid out of the treasury of the United States. They shall freedom" 
in all eases, except treason, felony, and breach of the peace, arrest. 
be privileged from arrest during their attendance at the 
session of their respective Houses, and going to and return- 
in g from the same ; and for any speech or debate in either 
House, they shall not be questioned in an;/ other place. 

The question, ought compensation to be given mem- salaries 
hers of legislative assemblies or should their services be senators 
regarded as honorary, gave rise to a heated discussion in the sentatfveT 
Constitutional Convention. Members of the State legis- 
latures were receiving salaries, but members of the English 
Parliament were not. Finally, the American practice pre- 
vailed, for it was thought that men of ability, though poor, 
might thus be enabled to enter the National legislature, 
and that the position might be made more attractive than 
that of membership in a State legislature. 

The compensation of Senators and Representatives from 
17S9 to 1S15 was six dollars a day and thirty cents for every 
mile travelled, by the most direct route, in going to and return- 
ing from the seat of government. Prior to 1907, this amount 
was changed several times by act of Congress. The compensa- 
tion then agreed upon was S7500 per annum, with mileage. 
An allowance is also made each member for clerk hire and 
Stationery. To many this seems a large salary, but t he <zreat 
expense of living in Washington renders the amount quite in- 
adequate. Many members make a financial sacrifice ID accept- 
ing a seat in Con cress. 

As already noted, a member of Congress may be pun- Privilege 
ished for an offence by the House to which he belongs, amrt. 
It is manifest thai he should be free from arrest, except 
in ease of treason* felony, and breach of the peace; other- 
wise his district might, sometimes under false chaigesj 
be deprived of representation, and National legislation be 
interrupted. 



144 POWERS OF THE SEPARATE HOUSES 



Freedom of 
debate. 



Section 6, 
clause 2. 
Disqualifi- 
cation to 
hold other 
•ffices. 



Freedom of speech is quite as important in a repre- 
sentative government as freedom of person. This privi- 
lege extends to all utterances used in the course of leg- 
islation. Since all Congressional debates are published, 
it is held to apply to them also. 

No Senator or Representative shall, during the time for 
which he was elected, be appointed to any ciril office under 
the authority of the United States which shall Iiave been 
created, or the emoluments whereof shall home been increased, 
during such time ; and no person holding any office under 
the United States sJ/all be a member of either House c///r- 
ing his continuance in office. 

The purpose of this provision, which was discussed 

at considerable length in the Constitutional Convention, 
seems to have been to remove the temptation on the part 

of Congressmen to create offices or to increase the emolu- 
ments of those already existing in order to profit by 
such legislation. It was also thought necessary to guaid 
against bargaining. The President, in order to secure 
certain legislation, might agree to appoint to offices thus 
created Congressmen who aided him. 

The exclusion of United States officials from seats in 
Congress was due to the desire of appeasing State jealousy, 
which asserted that the National government would secure 
an undue influence over the State governments. It is 
advocated, with good reason, that members of the Cabinet 
should be privileged to take part in the discussion of 
measures in Congress which pertain to their own depart- 
ments. Alexander Hamilton asked for this privilege, but 
it was refused because of the fears of his influence. The 
precedent thus established has always been retained. 
But since executive officers are often invited to present 
their views before committees of Congress, they may exert 
great influence upon legislation. 



CHAPTER XVI 

PROCEDURE IN CONGRESS 

The first step in the enactment of a law is the intro- 
duction of a bill. In the House of Representatives the bill, 
indorsed with the name of the member introducing it, 
is placed in a basket on the Reading Clerk's desk. It is 
then referred to a committee by the Parliamentary Clerk. 
In the Senate, the member introducing a bill rises, is 
recognized, and asks leave to introduce it. 

FORM OF A BILL 



56th Congress 
1st Session 

H. R. 6071 
[Report No. 376.] 
IN the House of Representatives 
Jan. 12, 1900. 
Mr. Loud introduced the following bill, which was re- 
ferred to the Committee on Post-Offices and Post-Roads 
and ordered to be printed. 

Feb. 19, 1900. 
Reported with amendments, referred to the House 
Calendar, and ordered to be printed. 



A BILL 

To amend the postal laws relating to second-class mail 
matter. 

1 Be it enacted by the Senate and House of Repre- 

2 sentatives of the l failed States in ( Songreefl assembled, 

3 That mailable matter of the second class shall embrace 



145 



146 PROCEDURE IX CONGRESS 

The introduction and reference of bills take place 
during sessions of the Houses, but the bills do not come 
up for consideration until the committees report them 
back. 
The Before proceeding further with the history of a bill we 

system. must notice a most important feature of Congressional 
machinery — namely, the committee system. Almost every 
deliberative body finds it convenient to intrust certain parts 
of its business to committees. When the assembly is large, 
and especially when the mass of business is great, com- 
mittees are absolutely necessary. After a committee has 
given consideration to any matter in its charge, it submits 
to the main body a report recommending whatever course 
of action it deems wise. The assembly may either adopt 
or reject this report. In Congress many thousands of bills 
are introduced in a single session. By far the greatest 
part of the work of Congress, therefore, must be done in 
committees. To these committees all bills must be re- 
ferred. The chairman of each committee and a majority 
of its members are selected from the party having a major- 
ity in the house where the committee originates. 

For many years it was the custom that committees in 
the House should be appointed by the Speaker; but in 
the first session of the 62d Congress (a special session 
meeting in April, 1911) a new rule was adopted under 
which all committees are elected. In the Senate, also, 
committees are elected; that is, the Senators of each party, 
acting in separate caucuses, select the members who are to 
serve on the various committees. 

In the 60th Congress 28,000 bills were introduced in the 
House and 9,500 in the Senate. In the next Congress there 
were 61 House committees, varying in membership from 5 to 
19. In this Congress 33,015 bills were introduced in the House. 
In the 62d Congress the principal committees consisted of 
21 members each — 14 Democrats and 7 Republicans. Among 



PROCEDURE IN CONGRESS 147 

the most important standing committees of the House are the 
following: Ways and Means (the most important because it 
has charge of bills for raising revenues), Appropriations, Judi- 
ciary, Interstate and Foreign Commerce, Post-Offices and Post- 
Roads, Military Affairs. The number of committees in the 
Senate was 72 in the 61st Congress. The names of a few are: 
Finance (corresponding to the Committee on Ways and Means 
in the House), Agriculture, Commerce, Foreign Relations, Indian 
Affairs, Railroads, Public Lands. 

Both in the House and in the Senate, every member is on 
some committee, and some members have places on several 
committees. 

Over the bills placed in their charge, committees have Power of 
a great degree of control. "They may amend a bill as over bills. 
they please; they may even make it over so entirely that 
it is really a new bill, reflecting the views of the com- 
mittee rather than the views of the originator. " The power 
of House committees to kill bills by refusing to report them 
was exercised for many years, until it w T as taken away, in 
1910, by a new rule under which a majority of the House 
may discharge a committee from further consideration of 
a bill. It may then be brought before the House in spite 
of the committee's opposition. 

The influence of committees in determining what laws 
shall be passed is further shown by the following facts: 
(1) Their sessions are secret and their proceedings are sel- 
dom published. Committees frequently conduct "hear- 
ts," however, which are generally public, and at which 
testimony and arguments are presented by both friends 
and opponents of a measure. (2) Only a very small pro- 
portion of the bills referred are ever reported back to the 
House. (3) The House really deliberates upon only a 
few of the most important bills that are reported. It ac- 
cepts the recommendations of the committees as to the 
proper disposition of the great majority of these bills, 
and they arc passed or rejected without question or de- 



148 PROCEDURE IN CONGRESS 

bate. About five or ten per cent, of the measures intro- 
duced become laws, and only a small number of these are 
bills of importance. 
Responsi- Only in small measure, therefore, do we have, in the 
eommittees House, legislation by deliberation and debate.* The 
power intrusted to the committees is so great that nothing 
but the personal integrity of the Representatives can pre- 
vent its abuse. Corrupt influences may easily be brought 
to bear upon them, for there are always present in the 
"lobby" men whose sole aim is to influence legislation in 
this way. Since the committees are held responsible only 
in a slight degree for the business intrusted to them, the 
detection of such evils is very difficult. 
The When a bill is reported back to the House it is placed 

•alendans. L ■ 

on one of three calendars: the first, known as the Union 
Calendar," contains all bills for raising revenue and all bills 
of a public character appropriating money; the second, 
or " House Calendar," all other bills of a public character; 
the third, all private bills. Bills are not ordinarily brought 
before the House for discussion in the order in which they 
stand on these calendars. Whether a bill will ever get 
farther than the calendar depends to some extent upon its 
importance and merits, but chiefly upon the skill and in- 
fluence of the member who has charge of it. This is gener- 
ally the chairman of the committee that reported the bill. 

The above statement is subject to modification in two ways. 
(1) A fourth calendar, known as the Unanimous Consent Calen- 
dar, contains bills that were originally upon the first two cal- 
endars mentioned, but which have been transferred to it at the 
request of a member. When this calendar is before the House, 
bills may be called up in the order in which they stand upon 
it, by unanimous consent; that is, if no member objects. (2) 
Another rule (since 1910) establishes "Calendar Wednesday/' 
which will be explained on p. 149. 

* There is much debate, however, in connection with appropriation 
bills. 



PROCEDURE IX CONGRESS 149 

Like all similar bodies, the House has an r< order of The 
business" laid down by the Rules. (1) After the prayer busfeess." 
by the chaplain each day's business is opened by the read- 
ing and approval oi the Journal. (2) Then the Speaker 
lavs before the House messages from the President, re- 
ports and communications from heads of departments, 
etc, which are at once referred to special or standing 
committees. (3) Next in order comes unfinished business. 
(4) The rules provide that on all days except the second 
and fourth Mondays oi each month,* one hour shall be 
given to a "call oi the committees." During this "morn- 
ing hour" "each committee when named may call up for 
consideration any bill reported by it on a previous day." 
At the expiration of one hour the House may go into 
"Committee of the Whole" (see pp. 150-151); or, the 
"morning hour" may continue a longer time. Beyond 
this order of business the procedure is too complicated 
for brief statement. 

The theory of the rule requiring a call of committees 
daily has not been observed in practice, so that there has 
been slight chance that a bill could be called up, except 
by consent of the Speaker. This condition was altered in 
1910 by the rule requiring that on Wednesday of each week 
the list of committees must be called in their order, and 
that bills on the Union and House Calendars may then be 
considered. 

It is during the call of the committees that a member Hbwabil 
in charge oi a bill may secure recognition, thai is, the theHooee. 
right to speak. He thus brings his bill before the House. f 

* On s the bnefnom reported by the Committee on the We- 

rt Columbia bae precede! 
t a previous in I with the Bpeaher, or frith the Committee on 

is necessary t«> pi on ' CeJeodar Wednee- 

day." or for the oonaklemtioi] <»f t iii i - on the CJoAolmoui Ooojenl Ceieo- 

dar, or those which haw :i out of the hands of comrni 

(See discharge of committee, \>. 1 17., 



150 PROCEDURE IN CONGRESS 

The consideration of this bill may occupy the entire hour, 
during which the member has control of the floor. After 
speaking, he generally yields the floor, temporarily, to 
others, both friends and opponents, who debate upon the 
bill or endeavor to amend it. 

Methods of Before a bill is brought to a final vote the Clerk reads it 
three times: the first time by title, the second time in full, 
and the third time by title only, unless the reading in full 
is demanded by a member. When the Speaker puts the 
question of the passage of a bill he say-, "As many as are 
in favor say aye"; then "As many as are opposed say 
no" If he doubts which side has prevailed, or ii' a 
division is called for, a rising vote is taken. If he is still 
in doubt, or if a count is demanded by at least one-fifth 
of a quorum, two members are appointed tellers; the mem- 
bers voting in the affirmative pass between the tellers and 
are counted; then those favoring the negative. If the 
question is one that requires the yeas and nays, or if this 
method of voting is demanded by one-fifth of those present, 
the roll is called. Each member who wishes to vote re- 
sponds when the Clerk reads his name. This process con- 

Paira sumes half an hour or more. After the roll-call is com- 

pleted, the Speaker announces the pairs. Members who 
belong to different political parties, or members of the 
same party, may agree that they shall be recorded on 
opposite sides of a question, whether they arc present or 
not. Pairs may be arranged for particular votes only, for 
a given day, or for a longer time. This device enables 
a member to be absent from the House without feeling that 
his vote is needed, while at the same time a record has 
been made of his views. 

Committee An important method of procedure remains to be de- 

Whoie. scribed. At any time after the "morning hour, ,, a motion 
is in order that the House go into "Committee of the 
Whole House on the State of the Union. " Certain bills, 



PROCEDURE IN CONGRESS 151 

as those levying taxes and appropriating money, must be 
considered in Committee of the Whole. The Speaker 
leaves the chair, calling another member to his place as 
chairman. In Committee of the Whole great freedom of 
debate is allowed. Consequently, a bill receives much more 
discussion than under the general order of business. 
When the debate is closed, the committee rises and reports; 
that is, the Speaker returns to his chair and the chairman 
reports to the House whatever action has been agreed 
upon in the Committee of the Whole. The House then 
adopts this report. It is under this procedure that most 
of the long speeches reported in the " Congressional 
Record" are delivered. Frequently, instead of actually 
delivering his speech, a member merely makes a few re- 
marks and asks leave to print the rest of it. Members 
frequently get reprints of their speeches (whether these 
were actually delivered or not) for distribution among 
their constituents and for campaign literature. 

We have now followed the course of a bill from its in- The bill in 
traduction in the House, through the committee and the 
debate which it may receive, to the final vote oh its passage. 
When a bill has passed the House it receives the signatures 
of the Speaker and the Clerk and is carried to the Senate. 
Here the presiding officer immediately refers it to a com- 
mittee. The process of passing bills in the Senate is in 
general the same as in the House. Some differences in 
procedure will, however, be noted later. Each house has 
the right to amend a bill that has already passed the Other 
house. If the house in which the measure originated docs 
not accept the amendment the bill fails to become a law. 
Or, a conference committee may be arranged, which is GoofenoM 
composed of a few (generally three) members from the tees. 
House and Senate committees that have previously con- 
sidered the bill. If the conference committee succeeds in 
arranging a satisfactory compromise! each house will pa 



152 PROCEDURE IN CONGRESS 

the bill in the form agreed upon and reported by this com- 
mittee. 

The power of enacting laws is not vested solely in 
Congress, but it resides to some extent in the President 
also. The manner in which the President may exercise 
his legislative authority is now stated. 
Article I, Every bill which shall have patted the House of Re pre- 

cfause^.' sentatives and the Senate, shall, before it become a law, be 
presented to the President of the United Slates; if he ap- 
prove, he shall sign it; but if noi, he shall return it, with 
his objections, to that house iu which it shall hare origi- 
nated, who shall enter the objections at large on their journal, 
and proceed to reconsider it. If, after such reconsidera- 
tion, two-thirds of that house shall agree to pass the bill, 
it shall be sent, together with the objections, to the other 
house, by which it shall likewise be reconsidered, and if 
approved by two-thirds of that house, it shall become a law. 
But in all cases the rotes of both houses shall be determined 
by yeas and nays, and the names of the persons voting for 
and against the bills shall be entered on the journal of each 
house respectively. If dug bill shall not be returned by the 
President within ten dags (Sundays excepted) after it shall 
have bee}i presented to him, the same shall be a law, in like 
manner as if he had signed it, unless the Congress, by their 
adjournment, prevent its return, in which case it shall not 
be a law. 
Reasons The President is expected to use his veto power when- 

veto e ever, in his opinion, a bill of Congress is unwise or uncon- 
stitutional. The division of the legislative power between 
these two departments of government is in accordance 
with the principle of "checks and balances" which we 
may find exemplified in many other parts of our National 
system. Hasty action on the part of Congress, or an 
attempt to encroach upon the jurisdiction reserved to the 
other departments or to the States, may be opposed by the 



PROCEDURE IN CONGRESS 153 

Presidential veto. The veto power is not absolute, how- 
ever, since a determined majority of two-thirds of the 
members in both houses may prevail in spite of it. This 
feature of the system is based on a sound principle, also, 
since it must be presumed that the will of the people is 
more adequately represented in a Congress that is con- 
stituted in this way than in the person of the President 



Before President Johnson, the largest number of bills vetoed Vetoes by 
by any one President was twelve, by President Jackson. Dis- Presidents 
agreement with Congress on the reconstruction policy accounts 
for President Johnson's twenty-one vetoes. Some of the bills 
to which he refused assent were important and were afterward 
passed over his veto. President Grant vetoed forty-three bills, 
one of which (the so-called "inflation bill") was of great con- 
sequence. President Cleveland vetoed three hundred and one 
bills in his first administration, the total number of vetoes in 
our history before that time having been but one hundred and 
thirty-two. This is largely accounted for by President Cleve- 
land's refusal to sign certain private pension bills, of which a 
great number are passed by every Congress.* 

The President may cause a bill to fail by neither signing nor The 
vetoing it during the last ten days of a session. The term '* poc h efc 
"pocket veto" has been applied to this method of defeating 
legislation. 

Lest Congress should seek to evade the necessity of 
submitting its acts to the President, the following clause 
of the Constitution prohibits the enactment of legislation 
under any other title than that of a bill. 

Every order, resolution, or vote to which the concurrence amotion 7, 
of the Senate and House of Representatives may he neces* ******* 

sari/ (except on a question of adjournment), .shall he pn - 
sented to the President of the United States; and he fore 
tJte same shall take effect, -shall be approved by him, or he- 
inrj disapproved by him, shall he repassed by two-thirds of 

* For Johnson's vetoes, see Arn^rif an History, 129 
445; Cleveland".^. \bUL t Idfl 



154 



PROCEDURE IN CONGRESS 



Unifying 
forces in 
the House. 



The power 
of the 
majority. 



the Senate and House of Representatives, aeeording to tht 
rules and limitations "prescribed in the case of a bill. 

Because the House represents the people more directly 
than does the Senate, and because it is, generally speaking, 
the more interesting body to observe, we shall now look 
farther into its workings to discover how its action is really 
controlled. When one considers the immense mass of 
business laid before the House and the more than fifty 
committees that work independently of one another, each 
member and each committee endeavoring to secure the 
passage of particular bills, it seems a wonder that any 
unity of purpose or harmony in legislation can bo at- 
tained. But forces an 4 at work beneath the surface to 

bring order out of the apparent chaos. 

The first of these forces is the power of the majority. 
Party caucuses and conferences — that is, meetings of the 
Representatives belonging to one party — an 4 of frequent 

occurrence, especially if the majority is small and it be- 
comes necessary to present a united front to the opposition. 
Those who attend and participate in a caucus are expected 
to abide by the decision of the majority as to the measures 
that must be passed or rejected in Congress, But no 
such rule binds members who attend a party conference. 
In this way a more or less consistent policy may be car- 
ried out. The power of the majority may also be 
at work in the committees. The majority of a committee 
sometimes frames a bill without consultation with the 
minority members. The latter are called in when the 
measure is complete, and their views are given a hearing, 
but they really have no voice in the matter. They may, 
however, present a minority report to the House. 

A second force tending to unify the action of the House 
is the authority given to the Committee on Rules. This 
committee is composed (since March, 1910) of ten mem- 
bers, six being of the majority and four of the minority 



PROCEDURE IN CONGRESS 155 

party. They are elected, and the Speaker cannot be a 
member. 

It will be remembered that with certain exceptions (see Committee 
p. 149) bills are not considered in their order on the calen- ° es * 
dars. Otherwise, this committee decides which bills shall 
be taken up, what length of time shall be given to each, 
and when each shall come to a vote. It thus makes a 
sort of program for the House and so decides the fate 
of a great many bills. Of course the Committee on Rules 
must be sustained by a majority of the House; but the 
House generally looks to this committee for leadership. 

A third force tending to unify the action of the House The power 
is the power of the Speaker. Since the Speaker repre- speaker, 
sents the majority, he is dependent upon it for the ex- 
ercise of his power. But once elected, this officer is re- 
garded as the leader of the majority and his influence 
is very great in determining party policy. The Speaker's 
power is exerted in several ways: 

(1) When the minority foresee that they will be beaten Fiijbui- 
on an important question they sometimes resort to fili- 
bustering or obstructive tactics. They endeavor to delay 
action in the hope that the majority will be driven by sheer 
exhaustion to compromise. They accordingly consume 
time by making long speeches. But since the Committee 
on Rules (sustained by a majority of the House) may fix 
the time for a vote, this method of filibustering is not al- 
ways effective. Again, the minority may attempt to de- 
lay action by making dilatory motions (such as a motion to 
adjourn) and then calling for the yeas and nays. Since 
each roll-call occupies half an hour or more, this method 
sometimes in the past been very successful* But in 
:it year- the Speaker has been given authority to de- 
cide when, in his opinion, such motions are intentionally 
dilatory, and to refuse to entertain them. At such times, 
therefore, the Speaker sets aside the ordinary nil 



tenng. 



156 



PROCEDURE IN CONGRESS 



Counting a 
quorum. 



Recog- 
nition. 



parliamentary practice and governs the House arbitrarily; 
but it must be remembered that he is executing the will 
of the majority. 

Speaker Reed used an effective method to stop filibustering 
in the 51st Congress, when the Republican majority was very 
small. In order to prevent the passage of bills, members of 
the minority would refuse to vote when the roll was called. As 
it was often impossible to secure the attendance of all members 
of the party in power, the roll-call would show less than a ma- 
jority " present." Hence business would be stopped under the 
point of order "no quorum.' 1 At such a juncture. Speaker 
Reed directed the clerk to count as present members sitting in 
their seats who had not voted. Thus a quorum was secured and 
bills were passed. The Supreme Court has pronounced this proced- 
ure legal, and subsequent Congresses have followed the practice. 

(2) Much of the power given to the Speaker would be 
useless but for the power of recognition. As in other as- 
semblies, before any one can speak he must be recognized 
by the chair. The Speaker may recognize whom he 
pleases, not necessarily the one who first addresses him, 
except on "Calendar Wednesday," and when bills are 
called up from the Unanimous Consent Calendar, and in 
the case of bills taken out of the 4 hands of a committee. 
Consequently, at other times if a member wishes to push 
his bill through the House, it is necessary to consult the 
Speaker and obtain his consent. He will then be recog- 
nized at the time agreed upon. By a similar arrange- 
ment other members will secure the right to debate the bill. 

Until the long session of the 61st Congress (March, 1910), the 
Speaker's power also included that of appointing all committees, 
including the Committee on Rules, and he was chairman of that 
committee. These facts gave him almost dictatorial power over 
the bills that should come up for discussion and over their fate 
as well. This power as exercised by Speaker Cannon resulted 
in a revolt in which a number of Republican members (known 
as "insurgents") joined with the Democratic Representatives to 



PROCEDURE IN CONGRESS 157 

outvote the •regular" Republicans, and thus secured amend- 
ments to the Rules. The constitution of the Committee on 
Rule.- was changed (see above) and the Speaker was made ineli- 
gible for a position upon it. 

It was claimed that these changes were necessary to take the 
control of the House out of the hands o\ a small body of men. 
On the other hand, the previous arrangement was regarded by 
some as essential to prevent filibustering and to expedite busi- 
ness. 

Procedure in the Senate differs from that in the House Comr^ri- 
in three important respects. (1) The presiding officer, Senate »nd 

whether he be the Vice-President or the President pro procedure. 
fern pore, has less power than the Speaker. lie is more 
impartial in his recognition of both sides, therefore fili- 
bustering is easier in the Senate than in the House. 

(2) There is less restriction on the freedom of debate in 
the Senate; consequently important measures are passed 
less promptly than in the House. In fact, there is no 
means by which debate can be closed in the Senate. 

(3) The Senate has a higher standard of decorum than 
that which prevails in the House. Senators are expected 
to heed carefully one another's rights and wishes, and to 
avoid extreme exhibitions of party spirit. The Senate 
i-, therefore, a more quiet and orderly body than the 
House; in it angry debate and violent behavior are of 
rare occurrence. In its methods of procedure the Senate 
i- more deliberative and less business-like than the House. 

In State legislatures throughout the Union the method of cabinet 

procedure is substantially the same ae that which we have Been ^ M<>rn °f 
r j govern- 

at work in Congress. Bui this system, sometimes called the mem. 

ammittee system/ 1 is found nowhere else. Every national 

dative body in the world except our Congress works under 

the "Cabinet system" of government Tin'- may ho best -eon 

in the Rngjiflh Government, when- it was first developed. 

supreme legislatui gland is Parliament, composed The 

of the House of Common* and the House <>f Lords. Although 

England ifl nominally a kingdom, the monarch has little real 



158 PROCEDURE IX CONGRESS 

authority. The actual executive is the Cabinet; at its head 
is the Prime Minister, who corresponds in many ways to our 
President. In England the legislative and executive depart- 
ments are united; for the members of the Cabinet must be 
members of Parliament, and the Prime Minister is always the 
leader of the political party that has a majority in the House 
of Commons. Nominally the monarch chooses the Prime Min- 
ister, but in reality he has no choice. The members of the Cabi- 
net, numbering fifteen or twenty, are executive officers. Each 
presides over a department and controls the administration of 
its affairs as Cabinet officers do in the United States. At the 
same time, it is the duty of Cabinet ministers to partici] 
in the legislation of Parliament : (1) by framing and introducing 
all important bills, and (2) by pushing these bills through Parlia- 
ment by debate and otherwise. 

The Prime Minister "leads" the majority party in the II 
of Commons; or, if he ifl a member of the bonis, another Cabi- 
net member is leader of the Commons. The opposition party 
likewise has its leader in each QOUS6. The " ( >ppo>itioii " tl 

to hamper or defeat the measures of the Government. 

The length of a Congress in the United state- is fixed at two 
years. A term of Parliament may last .-even years, but Parlia- 
ment may be dissolved and a term ended at anytime. The Way 

in which this comes about is the most essential feature of Cabi- 
net government. The Cabinet, we have Been, is put into office 
by the majority in the House of Commons, and it will retain its 
position as long as it is sustained by that majority. If, however. 
its policy proves to be unpopular, or its administration weak. 
some of its former friends will withdraw their support. There 
may then be passed a vote of "lack of confidence''; or, more 
usually, the Cabinet fails to pass an important bill because it 
no longer commands sufficient votes in the House of Comm« 
Dissolution In either case the Cabinet resigns, Parliament is dissolved, and 
ment. rla " a general election is held at which the people elect new members 
of the House of Commons. In this new house, the party that 
has just been retired from power may be restored if the people 
sustain its policy; if they do not, the opposite party will have a 
majority in the House of Commons and its leader will become 
Prime Minister. 
Responsi- Certain advantages are claimed for this system over the Con- 

gressional or Committee system. (1) It is said that the party 
in power is more directly responsible to the people because its 



PROCEDURE IX CONGRESS 159 

tenure of office is not fixed, but liable to termination at any- 
time. "Government," as the governing officials are called, will 

therefore watch public opinion very closely and try to avoid all 
unpopular measures. Moreover, the people watch the ministry 
closely because they may be called upon at any time to approve 
or condemn its policy by electing a new House of Commons. 
For the Congressional system it is claimed that these same ad- 
vantages are secured by the frequency of our elections. The 
hope of re-election creates responsibility. 

(2) Under the Cabinet system the harmony of the legislative 
and executive departments is certain. The House of Lords may 
not agree with the Commons, but its power is very much less 
than the power of the Senate in the United States. The Lords 
may delay, but they will never defeat an important bill which 
the Commons, backed by the people, are determined shall pass.* 
In the United States the President may not be of the same 
party as the majority of Congress; or, being of the same party, 

he may have very different views. There will consequently be Harmony, 
friction and a failure to harmonize the action of these two de- 
partments. On the other hand, it is urged that a Cabinet is 
undertaking too much when it assumes both legislative and 
executive functions. Attention is also called to the fact that 
our legislative and executive are not completely separated. 
Certain functions are shared between them. Moreover, it is 
quite customary for Congressmen and committees to consult 
heads of departments and other officials while framing bills. 

(3) In Parliament, the leadership of certain men is more clearly Leadership, 
recognized and more consistently followed than in Congress. 
Consequently, the measures by which a party carries out its 

policy have a certain unity of purpose and harmony among them- 
selves. The Committee system, English writers say, diseoUF- 
ages leadership, by the division of responsibility for legislation; 
it makes possible poorly constructed and inconsistent laws 
which do not pretend to be pan- of a deliberate governmental 
policy. Defenders of the Committer system point to the unify- 
ing influence of the party caucus and to the work of conference 

♦The rejection by the Lordfl of the Commons' budget bill (for raising 

revenue , in 1910, was followed i>y the proposal to remove the power 

of the upper ho to bills This veto may also be prevented t>y 

r ion of the King in appointing upon the advice of tin- ministry) 

such a number I * to -it in the House of Lords, 

as will outvote the opponents of an. 1:1 that ho 



160 PROCEDURE IX CONGRESS 

committees in harmonizing differences between the houses. 
Moreover, it is claimed that the Speakership furnishes a suffi- 
cient element of leadership and that more is not desirable. 



Supplementary Questions and References 

1. From the Congressional Record one may learn the forms 
used by members of Congress in addressing the chair and each 
other; also the forms of response used by the Speaker and the 
President of the Senate. 

2. In the Congressional Directory will be found lists of the 
standing committees of each house, as well as select and joint 
committees; diagrams of the city of Washington, the Capitol 

building, and the floors of the houses showing the upied 

by the members; also biographical sketches of Senators and 

Representatives. 

3. What difference is then 1 in the granting of recognition to 

members in the Senate and House? Harrison, This Country 
of Ours, 45-48. 

4. One way of accounting for the large number of bills intro- 
duced into Congress is discussed in Bryce, I, 136-138. 

5. What appearance does the House of Representatives make 
when at work? Bryce, I, 142-1 is. 

6. What are the relations of the two houses of Congn 
Bryce, I, chapter 18. 

7. The veto power. Bryce, I, 58-61; Cooley, Principles of 
Constitutional Law, 49, 166-169. 

8. How are obstructive tactics carried on ? Alton, Among the 
Law Makers, chapter 20. 

9. Why is there little debate in the House of Representa- 
tives? Wilson, Congressional Government, 72-73, 86-102. 

10. Compare the Speaker of the House of Representatives with 
the Speaker of the House of Commons. Bryce, I., 138-141. 

11. The best descriptions of Congressional procedure are 
found in Bryce, I, chapters 10-16; Wilson, Congressional Gov- 
ernment, chapters 1, 2, 4; Follett, The Speaker; McConachie, 
Congressional Committees; Beard, American Government and 
Politics, chapter 14; Making laws at Washington, Cen. Mag., 



PROCEDURE IX CONGRESS 161 

42 : 160-187; Senate procedure, World's Work, 11 : 7060-7065; 
7206-7211. 

12. On the powers of the Speaker, see Forum, 41 : 344-350; 
N. Am. Rev., 188 : 495-503; 189 : 233-241; Rev. of IVs, 39: 
465-474; Cen. Mag., 56 : 306-312; Hart. Essays on American 
Government, chapter 1, The Speaker as Premier. 

13. The revolt of the Insurgents and the revision of the Rules. 
Outlook, 94 : 635-640; 750-754; Rev. of R's, 41 : 396-399; X. 
Am. Rev., 191 : 510-515. 

14. The English Cabinet system is best treated in Bagehot, 
The English Constitution; Wilson, The State; Moran, The 
English Government. 

15. For comparisons of the Cabinet and Committee systems 
consult Bagehot, S4-100; Bryce, I, 147-153, 154-156, 168-173, 
2S6-297; Wilson, Congressional Government, 72-73, 86-102, 
115-124, 318-324; Fiske, the Critical Period of American His- 
tory, 2S9-300. 



CHAPTER XVII 



NATIONAL FINANCES 



Finances of 
the Confed- 
eration. 



Article I, 
section 8, 
clause 1. 



NoTniXG revealed more completely the fatal weaknr^ 
of the government under the Articles of Confederation 

than its failure to exercise effectively the power of taxa- 
tion.* While the Articles provided that the ex{»< li- 
the general government should be paid out of a com- 
mon treasury "which shall he supplied by the several 
States, 91 the taxes were to be "laid and levied by the au- 
thority and direction of the legislatures of the several 
States." In practice, each State contributed as much 

or as little as it pleased. The genera] government made 

"requisitions" upon the States for certain amounts, hut 
it had no means of compelling tht 4 legislatures to raise 
their quotas. The failure of the cll'orts that were made 

to amend the Articles so as to give Congress power to 
levy import duties, marks the complete hreak-down of the 
government's finances. There was needed a system under 
which the National authority might he exerted directly 
upon the individual citizens, without the intervention of 
State authority. This was secured by the following clause 
of the Constitution. 

The Congress shall have power to lay and collect tu 
duties, imposts and excises, to pay the debts and provide 
for the common defence and general welfare of the United 
States; but all duties, imposts and excises shall be uni- 
form throughout the United States. 

* See American History, 184, 193-194. 
162 



NATIONAL FINANCES 103 

Coupled with this grant of power was a prohibition: 

No tax or duty shall be laid on articles exported from Be^UooO, 

0j . clause 5. 

an if state. 

The forms of taxation most employed by the National 
government are known as duties * and excises. The 
duties which Congress is empowered to levy are taxes on 
goods imported into the country. The collection of duties 
takes place at custom-houses situated at the "ports of 
entry." There are more than one hundred and fifty 
ports of entry distributed throughout the United States; 
the greater part, though not all, are seaport cities. Each 
custom house is in charge of a collector. Duties are of 
two kinds, specific and ad valorem. Specific duties are Kinds of 
fixed amounts levied on certain units of measurement of 
commodities, as the pound, yard, or gallon. For ex- 
ample, under the tariff law of 1909 the duty on tin plate 
was one and two-tenths cents for each pound. Ad valorem 
duties are levied at a certain rate per cent, on the value 
of the articles taxed. The law of 1909 laid a duty of GO 
per cent, on lace manufactures. On some articles both 
kinds of duties are collected; under the law just mentioned, 
the duties on carpets and rugs were 10 cents per square 
foot and 40 per cent, ad valorem in addition. 

At New York, where by far the largest part of our import a- The 

are entered, two thousand officers and clerks arc employed <)f diTtiSs! 
in the custom house. The method of collecting duties may be 
briefly described. When goods are purchased in a foreign coun- 
try, an invoice of them, stating descriptions and price.-, is filed 
with the United States consult in the district where the pur- 
IS made. The consul sends a copy of the invoice t<> the 

officials of the custom house at the port of entry to which the 

goods are shipped. Upon their arrival in the United States. 
the cases are opened and the goods are examined to Bee that they 

* "The terms duties and imposts are nearly synonymous." — Coolef, 
Principle- of Constitutional Law, .04. 
t See page 247. 



164 



NATIONAL FINANCES 



Goods in 
bond. 



correspond in amount and prices to the invoice record. If, in 
the judgment of the custom house appraisers, the goods are 
valued too low, the valuation will be raised. In case of great 
undervaluation, a fine is imposed, and in extreme cases the 
goods are confiscated. 

If an importer does not wish to sell his goods immediately, 
they may be stored in a " bonded warehouse" which is under 
the supervision of Government officials. The owner agrees, 
under bond, to withdraw the goods and pay the duties (or else 
to export the goods) within three years. By a similar arrange- 
ment, goods may be shipped "in bond" from a port of entry 
to a "port of delivery. " 

Passengers on steamships coming from foreign countries are 
required to declare what dutiable goods they have among their 
baggage. Upon landing, their baggage is examined; trunks and 
valises are opened, and in suspected cases the persons of travel- 
Smuggling, lers are searched for concealed dutiable goods. The temp- 
tation to undervaluation and to Smuggling, in order to es< 
this form of taxation, is so irreat that constant vigilance i- 00 
sary at custom houses and along the borders of the United 
States to prevent these frauds. Special Bgentfl and revenue cut- 
ters are employed to detect violations of the law. 

Tariff laws A schedule of rates of duties IS called a tariff. It is 
evident that the importer adds the amount paid as a 
duty to the price of an imported article 1 when he sells it. 
If a higher price is caused in this way,* this may deter 
importation and encourage the production of such arti- 
cles in this country. Consequently, high rates of duties 
may have a decided influence upon the industries of a 
country. When tariff rates are fixed without reference 
to the way in which they may affect industries, we have 
a "tariff for revenue"; the sole object in view is the 
raising of a certain amount of revenue. In a " protective 
tariff" law, on the other hand, the rates are fixed with 
the purpose of encouraging certain industries; they are 
made so high that it will be less profitable to import the 

* It may happen that the foreign producer will lower his prices suffi- 
ciently to counterbalance the effect of the duty in this country. 



NATIONAL FINANCES 



165 



articles. The question, Which tariff policy is the wiser? 
nas been one of the leading issues in National politi 
during the greater part of our history. 

The United States has entered into ''reciprocity treat:- iproc- 

.rith various countries for securing the reduction of tariff rates. Ky * 
£ach country agrees to admit certain products of the other 
country at reduced rates, or free of duty. These are com- 
modities in the production of which there is little or no com- 
petition between the parties to the treaty. 

The tariff law of 1909 provided for a tariff board of three The Payne- 
members, who will investigate the facts as to production and teriffhiw 
prices, both here and abroad, upon which our tariff laws should 1909' 
be based. (Compare the Tariff Commission of 1SS3, American 
History. 467-468.) 

This is a step in the direction of placing the work of tariff mak- 
ing upon a scientific basis, rather than leaving the determina- 
tion of rates to influences that may be brought to bear upon 
members of Congress by particular industrial interests, which 
naturally wish rates favorable to themselves. This law also 
incorporated the maximum and minimum principle. That is, 
the rates fixed were minimum; but whenever the President shall 
determine that any other country has so adjusted its tariff rafl 
that they unjustly discriminate against our products, then he 
may order an increase of twenty-five per cent, upon these rates, 
to apply to certain imports from that country. Free trade with 
the Philippine Islands was enacted, though the amounts of sugar 
and tobacco that can be imported free were limited. There was 
.blished a Customs Court, for the consideration of disputed 
questions of classification and rates, hitherto decided by cus- 
toms officers and the regular courts. 



Excises are taxes levied on the manufacture and sale 
of commodities. It is customary k of the proceeds 

of these taxes as " internal revenue." Liquors and toh 
are the most common objects of excise taxation.* Besides 

♦Taxes are levied not only upon I .: upon the 

business of brewing and n otenle in 

of manufacturing stills: and upon the stills t: : these 

taxes may be obtained from the collector of any internal-:' 

trict. 



The 

revenue 
system. 



166 



NATIONAL FINANCES 



these, the National government taxes snuff, opium, oleo- 
margarine, filled cheese, mixed flour, and playing cards. 



The taxes 
of 1898. 



Collection 
of excise 
taxes. 



Corpora- 
tion tax. 



Upon the outbreak of the Spanish-American War (1898), 
additional taxation became necessary. The liquor and tobacco 
taxes were increased and new taxes were levied upon bankers 
and brokers, billiard rooms, and legacies, and upon proprietary 
articles and legal documents.* Under this law, the internal- 
revenue receipts increased from $170,000,000 in 1S98 to $2 
000,000 in 1899. The.-o taxes were repealed by Congress in 
1901-2. An inheritance tax levied in connection with those 
just mentioned was also repealed later. 

The collection of excise taxes is supervised by the Commis- 
sioner of Internal Revenue, who is the head of a bureau in the 
Treasury Department. There arc more than sixty revenue 
districts in the United States with a collector at the chief official 
in each. This officer is responsible for the proper enforcement 

of the laws in his district; special agents are employed by the 
bureau to examine into suspected cases of fraud. f The gfl 

number of these taxes are paid by the purchase of stamps which 
must be affixed, in the proper denominations, to the articles 

taxed. When a license fee is required for carrying on an occu- 
pation, the purchase and display of a certificate BeCUTeS the en- 
forcement of the law. Distilleries are under the supervision of 
government " store-keepers," who inspect and record each step 
in the manufacture of spirits. A gauger measures the contents 
of each package and affixes the stamps. 

The first internal-revenue law, that of 1791, taxing the pro- 
duction of distilled spirits, was a part of Hamilton's financial 
policy. In western Pennsylvania it caused violent opposition, 
known as the Whiskey Rebellion.^ 

In 1909 Congress enacted a law levying a tax of one per cent, 
upon the net income above So, 000 of all corporations, joint stock 
companies, and associations. This is known as the corpora- 
tion tax law. The power of Congress to levy this tax was 
questioned, but the Supreme Court upheld its constitutionality. 

* The documentary taxes are similar to those imposed by Parliament 
in the Stamp Act of 1765. They were also levied by our government 
during the Civil War. See American History, 145, 3S8-389. 

t "Moonshiners" who run illicit stills are numerous in the remote 
mountainous districts of the Southern States. 

t American History, 220, 231. 



NATIONAL FINANCES 107 

It is customary to classify taxes as direct and indirect. Direct and 

• • •_■ j • i indirect 

A duty, for instance, is considered an indirect tax, he- taxes, 
cause the importer who pays it adds the amount to the 
price of the commodity upon which it is levied. The 
same is true oi most articles upon which excise taxes are 
paid. The consumer pays the tax, in reality, hut he pays 
it indirectly to the government. 

Now, the rule prescribed in the Constitution for levy- Plow each 

.... .. , . , * kind must 

ing the kinds ot taxes so iar discussed 1^ a part ot the be levied, 
clause quoted above (p. 1G2): "but all duties, imposts, 
and exci-e^ -hall be uniform throughout the United Stat 
The justice of this rule is evident. The rates must not 
vary at the dilYerent ports of entry or in the various collec- 
tion districts of the country. The Constitution does not 

the term " indirect taxes," but it does speak of direct 

J, as follows: 
Representatives and direct taxes shall be apportioned Article 1, 
among the several States . . . according to their respeo clauses. 
five numbers. . . . 



Xo capitation, or other direct, tax shall be laid unless sort ion 9. 
in proportion to the census or enumeration hereinbefore 
directed to be taken. 

Early in our history, the question arose. What is a Direct 
dir Supreme Court decided this 1796) by 

naming only two kinds of taxes as direct, under the Con- 
dition: i. e., poll or capitation tax* assessed upon 
individuals) and taxes on land. Only these two tax 
thru, were to be apportioned among the States, when 
levied. All others were to be uniform. This decision 

hundred year-. 

In 17 Ladired two million dollars and 

apportioned it ai portion t<> their popula- 
tion. The < BSj and the 
collection was made by Federal ofli< ilar law- were 
enacted in 1815 and l v 



168 NATIONAL FINANCES 

It is not likely that another direct tax will be levied and appor- 
tioned among the States according to population. This is because 
differences in population among the States do not correspond 
to differences in wealth (i. e., ability to pay the tax). The more 
populous States are also the more wealthy, but the per capita 
wealth is much greater there than in those States where popula- 
tion is less dense. Consequently, in the agricultural States of 
the South and West, the burden of taxation would be unjustly 
heavy. 

income The position of income-tax laws levied by Congress La 

peculiar. Under the decision of 1796, just referred to, they 
were not included among the direct taxes. Consequently, 
when Congress levied such taxes during the Civil War, 
the rates were made uniform throughout the United 
States.* 
Law of Following thesc^ precedents, Congress enacted, in 1894, 

declared an income-tax law providing thai all incomes over $4,000 
tionaL * should pay a tax of 2 per cent on the excess above that 
amount. The following year, contrary to all former de- 
cisions in which the meaning of the words "direct tax" 
had been determined, that term was declared by the 
Supreme Court to include such income taxc> a- were 
levied by the law of 1894. Consequently, since Congn 
had not determined the total amount to be collected and 
apportioned it among the States according to their popu- 
lation, this law was declared unconstitutional. 

The Agitation for an income-tax law lias ^rown stronger in recent 

amencf-" taX years, and as a result an amendment to the Constitution was 

ment. adopted by Congress (1909) and submitted to the Stated for 

ratification. This is the first amendment that has been sub- 

* In each of the several laws enacting these taxes, provision was made 
for the exemption from taxation of a smail income, as $800 at first, and 
later, $600. For incomes above these figures, the rates were generally 
made progressive; for example, the law of 1S62 taxed incomes above $600 
and less than $5,000 at the rate of 5 per cent., those from $5,000 to 
$10,000, 7^ per cent., and those above $10,000, 10 per cent. These 
taxes were repealed after 1872. See American History, 3S7. 



NATIONAL FINANCES 169 

mitxed to the States since the adoption of the Fifteenth Amend- 
ment. It reads as follows: 

Article XVI. That Congress shall have power to lay and 
collect taxes on incomes, from whatever source derived, without 
apportionment among the several States, and without regard to 
any census or enumeration. 

We have now reviewed the various forms of taxation 
employed by the National government to secure revenue. 
In the enactment of laws that impose taxes, Congress is 

governed by the Constitutional provision that 

.1// bills for raising revenue shall oricjinaie in the House Article I, 
of Representatives; but the Senate may propose or concur dau^'V.' 
icith ame?ulme?its as on other bills. 

The framing of revenue bills is intrusted to the most Revenue 
important House committee, that on Ways and Means, congress. 
Their hills are frequently known by the name of the 
chairman of the committee. In the Senate the Finance 
Committee considers and recommends amendments to 
bills for raisins: revenue. These important measures, as 
finally passed, are in most cases the result of compromises 
between the Senate and the House, arranged by con- 
ference committees. 

We have seen that the collection of National taxes is 
accomplished by an army of Federal officials whose juris- 
diction extends into every corner of the country. We 
have seen that the object of taxation an 4 very numerous, 
so that every individual aid-, directly or indirectly, in the 
support of the National government The ease with which 
our immense revenue is raised seems marvellous to citizens 
of the Old World countries, where conditions of life are 
harrier. Indeed, so great have been the ability and the 
willingness of the people to bear these burdens that the 
National government has more than once been embar- 
! by an venue. Under these conditions 

lr is not surprising that laxity in making expenditures has 



170 



NATIONAL FINANCES 



National 
expendi- 
tures. 



been common and that great extravagance and wasteful- 
ness have frequently resulted. 

In Congress, appropriation bills, that is, bills provid- 
ing for the expenditure of public money, may originate 
in either house; but the important general appropriation 
bills originate in the House of Representatives. These 
bills are really framed by the committees to which they 
are referred, and are based upon estimates furnished by 
the various executive departments. For this reason there 
is some adjustment possible between the financial needs of 
the government and the amount of taxes levied. But still, 
the independence of the legislative (or tax creating) and 
executive (or tax spending) departments of our govern- 
ment makes the fitting of revenue to expenditures a diffi- 
cult matter, and in practice many errors are committed. 



Unbusi- 
nesslike 
methods of 
appropriat- 
ing 'money. 



One of the greatest evils in connection with Congressional 
legislation is found in the immense number of bills providing 

appropriations for private and local purposes. Thousands of 
private pension bills passed annually, almost without considera- 
tion, represent claims which the Pension Bureau has rejected 
for good reasons. Appropriations amounting to many millions 
are made annually for the erection of public buildings and for 
river and harbor improvements that are entirely unnecessary 
and that benefit only the local community where the work takes 
place. This ill-spent public money is called "pork," and every 
Congressman is under constant pressure to obtain as much as 
possible for his district. Many persons judge of a Congress- 
man's efficiency by his ability to obtain large appropriations, 
regardless of their necessity. This condition reveals a funda- 
mentally wrong attitude toward the government. Congress 
should refuse to pass such items in appropriation bills, except 
upon the approval of boards composed of disinterested experts. 



The 
public debt 



When the ordinary revenues of a government are not 
sufficient to pay its expenses, recourse must be had to 
additional taxation, or to borrowing, or to both of these 
measures at once. 



The borrowing of money is not es- 



NATIONAL FINANCES 171 

sentially different from the levying of taxes, since it but 
postpones the time when, by taxation, the obligation must 
be met This procedure is justifiable because the bur- 
den of National expense for certain purposes (as for de- 
fence) may well rest upon more than one generation of 
citizens. Accordingly, a mom: its other financial powers, 
Congress 9es authority 

To borrow money on the credit of the United States, BectfcmS 

Money is borrowed, ordinarily, by the sale of bonds. 
These are the same nature as the promissory notes by 
which individuals obtain loans. National bonds state the National 

, T - . , , . bonds. 

promise ol the I lilted States to pay a certain amount, 
at a stated time, with interest A "registered" bond con- 
tains the name of the owner, and this is a matter of record 
at the Treasury Department. When this bond is trans- 
ferred, the record must be changed. "Coupon" bonds 
are usually payable to bearer; they have attached to them 
a number of coupons equal to the number of interest pay- 
ments due during the term of the bond. 

United States bonds have been issued in various denomina- Kinds of 
tions, randns: from twenty dollars to fifty thousand dollars wm ' *' 
each. The term of a bond is not always a fixed number of 

re. Some of the Civil War bonds were payable at the option 
of the government after five but within twenty years from the 
date of issue. These were called "five-twenty's" 5 20'a . The 
bon . in 1898, to obtain money for the Spanish War ex- 

penses, were "ten-twenty - 

r being issued, National bends are either held by individ- 
uals and corporations as investments, or they become the ob- 
jects of trad- ulation. being bought and Bold by bank 
and brok me- 
what an daily qu ad sella For 

face value it La at "par." Boi 117 re at a 

'•premium"; tl. 1117 for every $100 of their 

face value. Those qu int." When Redemp 

bonds fall duo, tl them at their Face n " n ' 

value. Or, they may be continued at a lower rate of into 



172 NATIONAL FINANCES 

A large amount of five per cent, bonds that were due in 1881 
were continued, by agreement, at three and one-half per cent., 
and some that fell due in 1891 were continued at two per cent. 
Provision is made by law for the purchase of bonds by the gov- 
ernment before they are due. For this purpose, the Secretary 
of the Treasury is authorized to use a portion of the National 
Refunding revenues; this is called a " sinking fund." There is still another 
opera ions. wa ^ j n ^j^ tne burden of our National debt has been decreased. 
Soon after the time when the 5/20 Civil War bonds became pay- 
able at the option of the government, the holders were given the 
privilege of choosing whether their bonds should be redeemed, or 
be exchanged for new ones, of the same amounts, at lower rates 
of interest. The latter alternative was accepted for many hun- 
dreds of millions of our bonds; so the burden of Interest wafl 
reduced from six per cent, to five, four and one-half, and later to 
four per cent. This operation was called refunding the debt.* 



Supplementary Questions and References 

1. For the history of various tariff laws and their provisions, 
see American History as follows: Law of 17s ( .», 215-216; L816, 
271-272; 1S24, 289; 1828, 293; 1832, 307; 1833, 308; 1846, 

328; 1857,357; 1801,387,389; 1864, 400-hOl; 1872,440-441; 
1883,467-468; 1890,470; 1S94, 493; 1807,494. 

2. The rates of the tariff law now in force are stated in new- 
paper almanacs. Is this tariff high, low, or moderate in its 
rates? 

3. In the Statistical Abstract will be found the list of items 
upon which duties and internal-revenue taxes were collected, 
with the amount yielded by each, for a series of years. 

4. How r are internal-revenue stamps cancelled? 

5. a. What is a deficiency bill? Harrison, This Country of 

Ours, 58. 
b. What are riders to appropriation bills? Harrison, 131- 
132. 

6. Statistics answering the following questions may be found 
in the Annual Reports of the Secretary of the Treasury (Finance 

* For accounts of the issuance and refunding of Civil War bonds, see 
American History, 386. 3S7, 3SS, 442-443. 



NATIONAL FINANCES 173 

Reports), Statistical Abstracts; Abridgments of the President's 
Message and Documents; Monthlv Summaries of Commerce 
and Finance issued by the Bureau of Statistics, Treasury De- 
partment; newspaper almanacs and year-books. 

What were the revenues of the last fiscal year? The ex- 
penditures? The chief items under each head? Do you think 
that any of the expenditures were extravagant! 

(b) Make a table representing revenues and expenditures for 
ries of years. How do you account for fluctuations? 

(c) Estimate the per capita revenues and expenses for different 
years. 

(d) What is the present bonded debt of the United States? 
also the Public Debt Statement issued monthly by the Treas- 
ury Department.) Make a chart showing the fluctuations of 
the public debt since the foundation of the government. 

7. Find in daily papers quotations of the current prices of 
National bonds. How do you account for differences in their 
prices*/ How do the prices of these bonds indicate the Nation's 
credit? The actual rates of interest that bonds yield may be 
calculated by the use of "bond-value tables." A set of these 
tables, accompanied by an explanation, is found in Clow, In- 
troduction to the Study of Commerce, Appendix IV. 

8. For facts concerning the National "pork barrel," see 
World's Work, 20 : 13259-13276. For ex-President Roosevelt's 

ion, see Outlook, 95 : 759-703. 
The revenue cutter service. World's Work, 16 : 10591- 
105 

10. The tariff act of 1909. Outlook, 92 : 872-876; Rev. of 

541-347. 

11. What is a "tariff joker"? Outlook, 92 : 625 626. 

12. The corporation tax law. Rev. of R's, 40:348-349; 
Forum, 13 : 256-262; Outlook, 92 : 587 588. 

13. Should incomes be taxed? Forum, 41 : 513-520; Out- 
look. 8; M : 215-219. 

14. Hide-and-seek with the customs. Cen. Mai:., 45 : 466- 

: Outlook. 88 : BS 

15. The governi! Oder. Rev. of R's, 38: 07-71. 



CHAPTER XVIII 
THE POWER OF CONGRESS OVTR COMMERCE 



Article I, 
section 8, 
clause 3. 



Section 9, 
clause 5. 



Section 9, 
clause 6. 



Foreign 
commerce. 



In the conventions that assembled at Alexandria in 
1785 and at Annapolis in 1786, commerce was the most 

important subject discussed. Indeed, it was the Q< 
sity for a better method of regulating commerce that 
brought about these meetings. This problem was one 
of the difficult questions before the Constitutional Con- 
vention, and its solution was reached only by compro- 
mise.* The clause embodied in the Constitution Was a 
victory for the advocates of an efficient National govern- 
ment, for Congress was given power 

To rrr/ u Uilr com merer with foreign nations, and among 
the several States, and with the Indian tribes* 

In the exercise of this power, Congress was made subject 
to two limitations. 

No tax or duty shall be laid on articles exported from 
any State. 

No preferenec sJiall he given by any regulation of com- 
merce or revenue to the ports of one State over those of 
another; nor shall vessels hound to, or from, one State he 
obliged to enter, clear, or pay duties in another. 

Acts of Congress regulating foreign commerccf may be 
grouped under several heads. (1) Congress has enacted 
measures for the protection of shipping, by the main- 
tenance of light-houses, buoys, and life-saving stations. 

* See American History, 197, 202. 

t The exercise of this power was carried to its extreme limit in the 
embargo act of 1807 and the non-intercourse act of 1809. See Ameri- 
can History, 253, 255. 

174 






POWER OF CONGRESS OVER COMMERCE 175 

(2) The navigation laws of the United States are also en- Navigation 
acted under this provision of the Constitution. Regula- 
tions are prescribed under which vessels engaged in foreign 
commerce "(Miter" and "clear" ports.* Vessels that are 
"registered " in the United States are entitled to the pro- 
tection oi this government in any part of the world. No 

vessels are registered except those owned by citizens of the 
United States, and no foreign-built vessel can be regis- 
tered.! The vessels of foreign countries may not engage 
in the coasting trade of this country. Tonnage duties 
are levied upon both foreign and American vessels. 

Since the Civil War there has been a great decline in the num- ship 
ber of American built ships engaged in foreign commerce. (For subsidies * 
statistics and reasons, see American History, 354, 442.) These 
now carry only about 15 per cent, of our imports and exports. 
A demand has arisen for the repeal of some of the navigation 
acts mentioned above. The granting of ship subsidies is also 
proposed, and bills for this purpose have often been before 
Congress. A ship subsidy law would provide for the payment 
of money from the treasury to persons who maintained lines of 
American built ships in foreign commerce. 

(3) By virtue of its power over foreign commerce, Con- immigra- 
giess regulates immigration into the United States. Be- 
sides Chinese laborers, the following classes are excluded 

from the country: convicts, anarchists, insane persons, 
paupers and those liable to become paupers, polygamists, 
persons having contagious diseases, and laborers under 
contract or agreement to perform labor or service in the 
United States; there are excepted from the last class, 
persons engaged in the professions and skilled laborers 

ruu in the dictionary; also "entry" and "clearance." 

t hat dau ted above, forbids the requirement of these 

proccaeca in in- 

ption to tbia rule when In 1892 it entered to 
our reg "]-hniit vessels, on consideration that the company 

owning them build two vessels of the Bame class in this country. 



176 POWER OF CONGRESS OVER COMMERCE 



What is 

interstate 

commerce? 



Commerce 
by water. 



Various 
interstate 
commerce 
acts. 



employed in the establishment of new industries. An 
arrangement has been entered into between our govern- 
ment and that of Japan by which Japanese and Korean 
laborers are also refused admission to this country. 

The second division of the power granted to Congress 
over commerce relates to that which is inter, state. It must 
be remembered that the States still retain authority over 
the vast volume of business transacted entirely within their 
limits, which they regulate absolutely by their laws of 
trade and transportation. It is not easy to say, in every 
case, just where the limits of State and National authority 
lie. The United States Courts have decided that the 
State's power is complete over commerce that begins and 
ends within the State 4 and does not materially affect the 
commerce that is interstate or foreign. If, however, a 
commodity that IS an object of commerce starts in one 
State, destined lor another, its control, throughout its 
course, lies within the power of Congress. 

Interstate commerce includes that which is carried on 
by water, as well as land traffic. So the coast trade be- 
tween the States lies within the jurisdiction of Congress; 
also commerce upon navigable rivers. "Wherever a river 
forms a highway upon which commerce is conducted with 
foreign nations or between States, it must fall within the 
control of Congress." By its "river and harbor bills," 
Congress appropriates large amounts annually for the 
improvement of navigable rivers. (See p. 170.) 

The different "interstate commerce acts," beginning 
with that of 1887,* constitute a system of control estab 
lished by the Federal government over persons and cor- 
porations engaged in interstate or foreign commerce, this 
includes the carrying of persons and property by either 



* For the history of the evils in connection with transportation and 
the efforts of States to correct them, see American History, 455, 456; 
the law of 1887, ibid., 466-467; the law of 1906, ibid., 519. 



POWER OF CONGRESS OVER COMMERCE 177 

rail or water. Pipe lines, telephone, telegraph, express, 
and sleeping-car companies are also brought under the 
same provisions. The administration of these laws is 

-red in an Interstate Commerce Commission consist- 
ing of seven members. 

The important provisions of these laws may be sum- Their pro. 

visions. 

marized as follows: (1) All charges must be "just and 
reasonable.'' The commission has power to fix maximum 
rates after investigation of a complaint by either party to a 
dispute over rates. (2) Pooling agreements are prohibited. 
(3) It is unlawful to make discriminations by giving to 
any particular person, corporation, or locality, an unreason- 
able advantage over others. This includes the granting 
of passes to others than railroad employees. The grant- 
ing of rebates, which are intended to conceal discrimina- 
tions, is forbidden. (4) The "long and short haul" clause 
makes it unlawful for a common carrier to charge more for 
the transportation of passengers, or the same kind of freight, 
over a shorter than a longer distance; provided, however, 
that the transportation is "under substantially similar cir- 
cumstances and conditions," over the same line, and in 
the same direction. (5) All rates must be published and 
posted where they can be consulted by any person. (6) 
Railroad companies cannot engage in other lines of busi- 
ness. (7) Companies engaged in interstate commerce must 
have a uniform system of accounting. (8) They must make 
reports to the Interstate Commerce Commission regularly. 

The Commission also receives complaints, bean testi- 
mony, and makes orders correcting abuses; or it may in- 
oditions without previous complaint. It may 

spend proposed increases of rates until their justice 
has been determined. Any person objecting to an order 
of the Commission may appeal to a new court known as 
the "Commerce Court," composed of five Circuit Court 
Justices. 



178 POWER OF CONGRESS OVER COMMERCE 



Other 

commerce 

laws. 



The trust 
question. 



Other laws affecting railways oblige them to adopt uniform 
systems of safety equipment; also, require full reports to the 
Interstate Commerce Commission of all accidents. 

Under its commerce power, Congress has enacted the 
food and drugs act, or "pure food law." This requires 
the makers of prepared foods and drugs shipped in inter- 
state commerce to register their products, and prohibits 
the use of harmful preservatives and other components 
in them. The inspection of meats in packing plants In- 
Federal officers is another means by which commerce is con- 
trolled. It has been proposed that the government should 
restrict child labor by prohibiting the shipment in inter- 
state and foreign commerce of articles in the manufacture 
of which children below certain ages are employed. 

The construction of the Panama Canal by the United 
States may be regarded as one of the most important 
ways in which Congress has undertaken to control com- 
merce. This is similar to the policy of making river and 
harbor improvements, for which many millions of dollars 
are appropriated annually. The question of internal 
improvements by national authority was debated early in 
our history; one result was the construction of the Nation- 
al, or Cumberland, Road.* The same problem is now 
being considered in connection with projects for a system 
of "deep waterways/' especially in the Mississippi Valley. 

The concentration of industry within the last half cen- 
tury! has been accompanied by the growth of combina- 
tions known as trusts. The original object of such com- 
binations was to secure economy in production, and to 
this extent they are beneficial; but when their control of 
an industry approaches monopoly, then the public may 
suffer from exorbitant rates and prices. So both the 
State and the National governments have attempted to 

* See American History, 274, 277, 292. 

t American History, 452-453. 472-473, 517-518. 



POWER OF CONGRESS OVER COMMERCE 179 



keep alive competition in the industries where combina- 
tions exist. The anti-trust laws have been only partially 
successful. 

Congress has authority over trusts only as they are The 

, . . » • tt i Federal 

ensured in interstate or foreign commerce. Hence the Anti-trust 

. . Law. 

Anti-trust Law of 1S90 makes illegal any combination in 
restraint of trade or commerce among the several States 
or with foreign nations. The enforcement of this law 

has given rise to many interesting cases. 

In connection with the Chicago strike of 1894,* the Supreme Important 
Court held that the Anti-trust Law forbade not only combina- ecislons * 
tions of capital, but combinations of labor as well, if they were 
in restraint of interstate commerce. It has been decided that a 
trust engaged in the business of refining sugar did not fall within 
the scope of this law, since the manufacturing process in question 
did not constitute commerce. Again, an agreement among the 
railroad companies of the Trans-Missouri Freight Association to 
J dish and maintain rates was considered a violation of the law 
of 1890, because this was a contract in restraint of interstate 
commerce (1897). Another decision, made in 1899, declared 
illegal a combination of iron pipe manufacturers who had made 
an agreement not to compete with each other; but their action 
was illegal only as to the sale of pipe in interstate business. 

Another decision (1904) declared that it was illegal for two 
competing railroads (the Northern Pacific and Great Northern) 
to form a new corporation (the Northern Securities Company) 
for holding the shares of these companies, since the directors of 
the latter could so manage the business as to exclude competi- 
In 1911 the Standard Oil Company was declared by the 
art to be an illegal combination, and its dissolution 
wan ordered. Hie Bureau of Corporations in the Department 
of Commerce 2 has the special function of investigat- 

ing the roc.rd- of corporations engaged in interstate business, 
with a view to cheeking violations of the interstate commerce 
and anti-trust Ian 

*Sei d History, 192-408. 



180 POWER OF CONGRESS OVER COMMERCE 



Supplementary Questions and References 

1. Should there be further restriction of immigration ? Forum, 
24 : 552-558; N. Am. Rev., 188 : 360-371; Outlook, 84 : 607- 
615; 83 : 33-36; Indept, 60 : 261-264; Rev. of R's, 33 : 336- 
339. 

2. The immigration law of 1907. Rev. of R's, 35 : 469-471; 
N. Am. Rev., 185 : 587-593. 

3. Descriptions of immigrants at Ellis Island. Outlook, 87 : 
899-911; 913-923; Cen. Mag., 43 : 674-682; 45 : 466-473. 

4. Arguments for and against Chinese exclusion. Forum, 
33 : 53-58; 59-67; Japanese exclusion, N. Am. Rev., 184 : 
29-34. 

5. Should ship subsidies be granted? Outlook, 84 : 815-817; 
85 : 307-311 ; 88 : 815-816; 94 : 108-109; 124-130; Arena, 
33 : 634-636; Indept., 53 : 10-15; 130-132; 185-188. 

6. The question of railway regulation. Indept., 60 : 835- 
838; 62 : 599-603; 699-704; Arena, 34 : 146-150; 35 : 132- 
139; 36 : 622-626; Outlook, 86 : 482-485. 

7. The National control of trusts. Indept., 53 : 929-930; 
1001-1004; 54 : 2927-2930; 58 : 303-306; 57 : 618-620; Out- 
look, 88 : 816-817; 93 : 761-763; Rev. of R's, 34 : 345-346. 

8. The protection of life on railways. Rev. of R's, 35 : 456- 
468. 

9. Improvement of waterways. Rev. of R's, 41 : 87-88; 
World's Work, 13 : 8576^-8584; 15 : 10121-10127; Outlook, 
94 : 17-20. 

10. The National pure food law. N. Am. Rev., 184 : 848-852; 
Outlook, 88 : 260-264. 

11. Should Congress control child labor? Outlook, 85 : 
360-364. 

12. Panama Canal and the government of the canal zone. 
World's Work, 16 : 10656-10657; Outlook, 91 : 906-909; 
83 : 434-445. 



CHAPTER XIX 
MONEY OF THE UNITED STATES 
I. Metal Money or Coin 

WHENEVER men trade or exchange commodities they 
find some form of money very convenient, if not really 
necessarv. A variety of things have served as money 
among peoples in different stages of civilization. Gold 
and silver have become the chief money metals of civilized 
countries on account of their high value, and certain other 
characteristics. The function of coining money has been 
assumed by governments because in this way only can 
uniformity in the size and composition of coins be secured. 
The government stamp becomes a guarantee of the value 
of a coin when otherwise each might have to be weighed 
and tested before it could be accepted. Congress has been 
vested with the power: 

To coin money, regulate the value thereof, and of foreign Article T. 
. and fix the standard of weights and measures. clauses.' 

To ]>roride for the 'punishment of counterfeiting the se~ Clause 6. 
rurit'irs (ukJ current coin of the United States. 

The government coins money at its mints, which arc The mint* 
located at Philadelphia (established in 1792), Denver, 
New Orleans, and San Francisco. Gold or silver ore 
must fir-t be refined before it is sen! to the mint as bull- 
ion. Here it is assayed to determine its purity. The 
pun- metal i> too -oft for use as money, so an alloy of 

Copper i> added in tli«' making of gold coins and silver 
dollars. In the "standard" metals thus produced the 

181 



182 MONEY OF THE UNITED STATES 



Process of 
coining. 



alloy is one-tenth of the whole; that is, the metal is nine- 
tenths (or .900) "fine." 

In the process of minting, the standard metal is first 
rolled into strips of the thickness of the coin. From 
these strips round pieces are cut by heavy machinery. 
The weight of each piece is tested and when found ac- 
curate it goes to another machine, from which it comes 
with the edge slightly raised on both sides. This device 
decreases the wear on the faces of the coin. In the next 
operation, the disk of gold or silver is subjected to im- 
mense pressure between two engraved dies; in this way 
the proper inscriptions are stamped upon its faces. At 
the same time the edge of the coin is milled. 

Below is a list of the coins now made at the mints of 
the United Stat< 



Coins of the 
United 

States. 



Gold. 
Double eagle 
Eagle 

Half eagle 
Quarter eagle 



Silver. 
One dollar 
Half dollar 
Quarter dollar 
Dime 



Minor coins, the nickel and one cent piece. 



The ratio. 



Free 

coinage. 



The "standard" coins of each kind are of course the 
gold dollar and the silver dollar. The weight of the pure 
metal in the gold dollar is fixed by law at 23.22 grains 
(Troy weight). In a silver dollar, the pure metal weighs 
371.25 grains, or 15.988+ times as much as in the 
gold dollar. Hence we say that the ratio of our stand- 
ard coins is 15.988+ to 1, or approximately 16 : 1. This 
is called the mint ratio. Since our coins are .9 fine, the 
total weights are 25.8 grains for the gold dollar and 412.5 
for the silver dollar. 

A government may pursue one of two distinct policies 
toward the coinage of a certain metal. (1) It may agree 



MONEY OF THE UNITED STATES 183 

to coin all the bullion of that metal that may be brought 
to the mints by individuals; this is free* coinage, (2) 
The government may limit the amount of bullion that 
will be coined* this may be called limited coinage. Under 
free coinage of any metal the government makes no effort 
to control the amount of bullion which will be coined; it 
coins "on private account" all the bullion brought to its 
mint. Under limited coinage a certain amount of the 
bullion is coined "on government account." 

Since the first coinage act of our government (1792) Bimetal- 
theie has been free coinage of gold. There was also free 
coinage of silver until 1S73. Because during this time 
there was free coinage of both metals, and both gold and 
silver dollars were full legal tender, we had nominally, at 
least, bimetallism or a double standard. The law of 1873, 
by stopping the coinage of silver dollars, brought about the 
single gold standard. After 1878 there was limited silver 
coinage until the purchase of silver bullion was discon- 
tinued in 1893. 

The demand for the free coinage of silver that arose 
after 1S73 f and lasted until about 1900, resulted in two 
important laws — the Bland-Allison act (1878) and the 
Sherman act (1890). Both authorized the coinage of 
silver dollars, but limited the amount to be coined. In 
1893, on account of the panic of that year, Congress 
I the purchase of silver bullion by the Treasury 
Department for the coinage of silver dollars; and none has 
Since then been purchased, except for the coinage of sub- 

* The wo: ins unlimited. The definition of tree coinage given 

above stal raimonly used. The follow- 

ing I LefinHkra: Free coinage contemplates the coining 

of all the bullion brought to the mints, *-itlwr gratuitously or with a de- 
duction not to exceed t:. 

t Th- rk in this connection, the various laws passed, and 

political campaigns In arhlcfa the sflyer question was prominent are 
discussed in American HI and 485. 



Subsidiary 
silver. 



Minor 
coins. 



184 MONEY OF THE UNITED STATES 

sidiary coins and Philippine money. A law of 1900 defi- 
nitely established the single gold standard. 

The silver coins of denominations less than one dollar are 
called subsidiary coins. The silver half-dollar weighs only L92 
grains and is therefore lighter proportionately than the silver 
dollar. The quarter and ten cent pieces are correspondingly re- 
duced in weight. They are legal tender only in sums of ten dollars 
or less. The five cent piece (nickel) weighs 7 7 . 1 < i grains and is 
composed of 75 per cent, copper and 25 per cent, nickel. The 
one cent piece weighs 48 grains and is composed of 95 per cent. 
copper and 5 per cent, tin and zinc. These minor coins are legal 
tender in amounts of twenty-five cents or lei 



United 
States 
notes. 



II. Papeb Monet 

There are at present five kinds of paper money in cir- 
culation. They are United States notes, silver certifi- 
cates, gold certificates! Treasury notes of 1890, and Na- 
tional bank notes. The United States notes were created 
in the early years of the Civil War as a means of paying 
the enormous expenses of the government.* Taxation is 
the ordinary method of providing funds for government 
expenses; but it is difficult to create a new system of tax- 
ation and some time is required to put it into operation. 
In the year 1862 the expenses of the government greatly 
exceeded its revenue. Great sums of money were being 
borrowed by the sale of bonds, but the bonds had depre- 
ciated in value. It was therefore determined that the gov- 
ernment should print certain designs on pieces of paper, 
call these money, and compel people to accept them in 
payment of debts by declaring them legal tender; that is, 
all persons must accept them in payment of debts. These 
were the United States notes, sometimes called "legal ten- 
ders/' A total of $450,000,000 was authorized by Con- 

* The history of these notes is stated fully in American History, 
388, 443-444, 457. 



MONEY OF THE UNITED STATES 185 



gress. With this money the government paid the salaries 
of its officers and soldiers and purchased supplies that 
wire necessary for carrying on the Civil War. 

When a government refuses to pay its obligations in coin and Deprecia* 
pays instead only paper money containing promises to pay coin tlon * 
or specie, at some future time, it "suspends specie payments." 
If the paper money is issued in excessive amounts, it will depre- 
ciate in value, that is, a certain amount of it will be worth 'less 
than the same amount of coin. This is what happened when 
the United States notes were issued. The history of their 
depreciation until at one time they were worth only forty cents 
on a dollar is told by the accompanying chart: 

VALUE IX GOLD OF OXE DOLLAR IX U. S. NOTES 



185-2 1865 1870 T875 1879 


51.00- 

50i 
25* 


\ 


i\ 






A- 




























\ 


A 


\ 


r 


' V 
































V 


i- . 



































































After much discussion Congress finally decided, by an Resump- 
act passed in January, 1875, that it would resume specie S p°ede 
payments on the first day of 1879 by redeeming in gold pa3 
all of the United States notes that might be presented 
for redemption. When this time arrived the amount had 
been reduced to $346,681,010, and Congress had forbid- 
den any further reduction. This is the amount at present 
Outstanding. The resumption of specie 4 payments neces- 
1 the presence of gold in the Treasury with which to 
m the notes. Accordingly, the law of 1875 author- 
ize] the Secretary of the Treasury to obtain gold by selling 
bonds. Just before January 1, Is7<), the notes once more 

I • value, and but few were presented for re- 

ption. The amount outstanding was not decreased, 
for instead of cancelling those that were redeemed the 



186 MONEY OF THE UNITED STATES 



Constitu- 
tionality of 
legal 
tenders. 



Silver 
certificates. 



Gold 
certificates. 



Secretary was obliged by law to re-issue them in making 
payments from the Treasury. This caused trouble in 
later years. 

There can be little doubt that the framers of the Con- 
stitution never intended that Congress should have the 
right to declare anything but gold and silver legal tender. 
The Constitutionality of the laws that authorized the 
"legal tenders" was therefore one of the most important 
questions ever submitted to the Supreme Court. The final 
decision* was in favor of the right of Congress to exer- 
cise this power. The Constitutional basis of this riirlit is 
implied by some from the power to levy and carry on war; 
by others from the power to borrow money; by still others 
from the power to coin money. The court rested its de- 
cision finally upon the ground that this power is "on 
the powers, belonging to sovereignty in other civilized 
nations," and that as it is not expressly withheld by the 
Constitution, it is by necessary implication vested in 

Congress in connection with the powers over the currency 
expressly granted, f 

Let us now notice two kinds of OUT paper money that 
are quite similar. When Congress, by the Bland act of 
1878, authorized the coinage of silver dollars, it provided 
also for the silver certificates. Silver dollars are bulky 
and inconvenient to handle. Any holder of them may 
deposit them in the United States Treasury and receive 
in exchange silver certificates. The silver dollars remain 
in the Treasury. 

Gold certificates are issued upon the same plan. These 
two kinds of paper money are therefore merely certificates 
of deposit. To redeem them the division of redemption 
of the Treasury Department holds specie in amounts 
exactly corresponding to the certificates outstanding. 

* Rendered in 1884. Julliard vs. Greenman. 110 U. S., 421. 
t Cooley, Principles of Constitutional Law, S3. 



MONEY OF THE UNITED STATES 187 

The Treasury notes of 1S90 were issued in accordance Treasury 
with the Sherman act. (See p. 1S3.) They were given in 1890. 
payment for silver bullion; this was not coined at the 
time, but remained in the Treasury. Few of these notes 
are now outstanding. 

Four kinds of paper money have been described; there National 
remains the fifth kind, National bank notes. National system, 
banks are under the control of a bureau in the Treasury 
Department, having for its head the Comptroller of the 
Currencv. A National bank is organized in much the 
same way as other corporations, by any number of per- 
sons, not less than five. 

Upon the basis of its capital stock the bank performs 
the ordinary banking functions; that is, it makes loans, 
discounts notes, buys and sells exchange. In addition 
to these functions National banks have another not at 
present exercised by other banks — they issue National 
bank notes for circulation as money of the United States. 
The entire business of these banks is conducted under 
regulations of the National law, and they are subject to in- 
spection by National officers. 

When a National bank is organized it must invest a Deposit of 
sum of money equal to at least one-fourth of its capital 
in United States bonds. These may be purchased at any 
time from a broker. The bank must deposit them in the 
Treasury of the United States; but they are still the prop- 
erty of the bank and it receives the interest from them. 
Tin- bank will then receive from the Comptroller of the 
Currency, National bank notes equal in amount to the par 
value of the bonds deposited. The president and the 

Cashier of the bank sign each note, and (hey may then be 
loaned or paid out for any purpose in the ordinary course 
of business. 

A note of this kind reads: "The National Hank of 

will pay the bearer Dollars on demand." How 



188 MONEY OF THE UNITED STATES 



Why the 
notes are 
secure. 



Emergency 
currency. 



A central 
bank. 



Standard 
of weights 
and 
measures. 



can we be certain that this promise will be kept? The 
bonds deposited at Washington constitute the security for 
these notes. A National bank may fail; that is, its de- 
positors may never receive back their money; but the 
holders of National bank notes will lose nothing so long 
as United States bonds are good security. For if the 
bank cannot redeem its notes in lawful money according 
to its promise, the Comptroller of the Currency will sell 
the bank's bonds and thus obtain money with which to 
redeem them. This is the reason why we never hesitate 
to receive one of these notes even though the responsible 
officials of the bank may be entirely unknown to us. 

Our monetary system is rightly criticised as inelastic; 
that is, the amount of money in circulation does not in- 
crease and decrease readily in response to the demand tor 
money in business at different times. As a remedy for this 
defect, national banks may organise in groups and these 
associated banks may then issue additional notes under 
the supervision of the Comptroller of the Currency. The 
security for this " emergency currency," which is limited in 
amount, may be approved bonds and commercial paper. 

It has been proposed to establish a great "central bank" 
which would have as one of its functions the issuance of 
government paper money, regulating the supply in ac- 
cordance with the demands of business. Twice in our 
history have such banks been in existence; from 1701 to 
1811 and from 1816 to 1836; they are found in European 
countries to-day. 

The clause by virtue of which Congress possesses power 
"to coin money" also gives it authority "to fix the stand- 
ard of weights and measures. ,, It was only during the 
last session of the 56th Congress, in 1901, that a law was 
enacted giving full effect to this grant of power. The 
only standard previously adopted by law was the English 
Troy pound; all other measurements of weight, distance, 



MONEY OF THE UNITED STATES 189 

and capacity were based upon standards fixed by Euro- 
pean governments. Standard thermometers and measures 
based on the metric system came from France, while 
standards of electrical measurement were German. Mill- 
ions of dollars were spent annually by manufacturers, 
scientists, and others in obtaining standardized instru- 
ments from abroad. A law of 1901 established a Na- 
tional Standardizing Bureau in the Treasury Depart- 
ment, and appropriated money for a laboratory at which 
the standards used in all the applied sciences will be 
kept.* A director, a physicist, a chemist, and their as- 
sistants will exercise the functions of the Bureau for the 
National, State, and municipal governments, for educa- 
tional institutions, and for individuals engaged in pursuits 
requiring th< use of standardized instruments. 

Supplementary Questions and References 

1. The national banking system is discussed in American 
History, 399-400; the Bank of the United States, 220-221, 272, 
309-311. 

2. What things have been used as money besides metals? 
What qualities of gold and silver have made them the common 
money metals? Ely, Outlines of Economics, 142-143; Laugh- 
lin, Elements of Political Economy, 69-72; Walker, Political 
Economy, L02-104; Encyclopedia articles on money and coinage. 

.';. Wejgfc a five dollar gold piece on a druggist's scales; weigh 

ilvcr dollars. What is the ratio of these weights? 
•1. Put a silver dollar in one side of a balance, and one dollar 
in subsidiary silver coins in the other. What is the result? 
Why; Q account of the monetary laws of L853. (Refer- 

ences in question 7.) 

.">. Balance an old coin against a new one of the same de- 
nomination. Is the former worth less than the latter? Coins 
me abraded and ye: ;,;,-■ &1 face value except in international 

* This bureau, ta 10 rred to the Department of Commerce 

and Labor. 



190 MONEY OF THE UNITED STATES 

trade. Coins shipped abroad are weighed to ascertain their 
true value. 

6. On November 1, 1910, the total amount of money in cir- 
culation in the United States was $3,180,084,499. The popu- 
lation was estimated at 90,844,000. Calculate the per capita 
circulation. How do these amounts compare with the per 
capita in other countries? See newspaper almanacs. 

7. The following books contain accounts of our monetary 
history: Knox, United States Notes; White, Money and Bank- 
ing; Noyes, Thirty Years of American Finance; Taussig, The 
Silver Situation in the United States; Andrews, An Honest Dol- 
lar; Bullock, Introduction to the Study of Economics; Laughlin, 
Political Economy; Report of the Secretary of the Treasury, in 
Abridgment of President's Message and Documents, I s ' 1 " 
187-246. (A valuable account, containing several official re- 
ports.) 

8. Statistics of coinage, value of silver, production of pre- 
cious metals, etc., may be found in the Statistical Abstract: Pi- 
nance Reports; Treasury Department Circulars, No. 123 and 
No. 143; Reports of the Secretary of the Treasury in Al 
ment of the President's Message and Documents. 

9. What a central bank would do. World's Work, 19 : 
12394-12307. 



CHAPTER XX 

OTHER GENERAL POWERS OF CONGRESS 

I. Power of Naturalization 

Naturalization is the process by which a foreigner who are 
becomes a citizen. The first section of the XlVth Amend- 
ment declares the following classes to be citizens: " All 
persons born or naturalized in the United States and sub- 
ject to the jurisdiction thereof, are citizens of the United 
States and of the States wherein they reside. " This section 
was inserted in order to make certain the citizenship of the 
freedmen, so that their rights would be under protection of 
the National government.* The section has been inter- 
preted to apply to "white persons and persons of African 
descent." An Act of Congress in 1882 expressly prohibits 
the naturalization of Chinamen. Naturalization has also 
been denied to natives of Japan and of Burmah. But 
the Supreme Court has decided that a child born in the 
United States of Chinese parents is a citizen. f 

Previous to the adoption of the Constitution, the in- 
dividual States had the right to determine their own rules 
of naturalization. Much confusion thus arose because 
of the different requirements in the various States, and 
with little discussion the Constitutional Convention de- 
clared that: 

Congress shall have the power to establish a uniform rule Ejection 8, 

cf naturalization and uniform burs on tJir subject of bank- 
ruptcies throughout the Vui\<<\ Staffs-. 
♦See American History, 421; 

t United States m. Wbof Kirn Ark. LOO 0. S., 619. 

191 



192 GENERAL POWERS OF CONGRESS 



How an 
alien 

becomes a 
citizen. 



Declaration 

of 

intention. 



Certificate 
of natural- 
ization. 



The number of years of residence in the United States 
required before an alien might be admitted to citizenship 
varied until 1802 when the present rule of five years was 
adopted. An alien who has reached the age of eighteen 
years must, at least two years before admission to citi- 
zenship, appear before one of several State or United States 
courts designated in the law. He must declare upon oath 
that it is his bona fide intention to become a citizen of the 
United States and to renounce forever all allegiance to 
any government formerly having jurisdiction over him. 
If he has borne any title of nobility he must renounce it. 
This declaration is then recorded and the clerk furnishes 
the applicant with a certified copy which is sometimes 
called his "first papers." 

Not less than two years nor more than seven years 
after this declaration, provided he has resided continuously 
within the United States at least five years and within the 
State or territory where the court is held at least one year, 
he must file in his own handwriting his petition for citi- 
zenship in which he declares that he is not opposed to 
organized government, is not a believer in the practice of 
polygamy, and intends to become a citizen of and reside 
permanently within the United States. Two witnesses who 
are citizens of the United States must testify to his term 
of residence and declare that during the time he has be- 
haved as a person of good moral character, and is quali- 
fied to become a citizen. Ninety days from the filing of 
the petition the applicant is required to appear in open 
court and declare upon oath that he will support the Con- 
stitution of the United States and renounce and abjure 
all allegiance and fidelity to every foreign prince, State, or 
sovereignty whatsoever. The applicant must be able to 
speak the English language. The facts having been as- 
certained to the satisfaction of the court, a certificate of 
naturalization is granted. His wife and any of his ehil- 



GENERAL POWERS OF CONGRESS 193 

dren under twenty-one years of age become citizens at the 
same time. 

The children of naturalized citizens born abroad are regarded status of 
as citizens. Children oi foreigners born in this country and re- nnnors ' 
ifkling here may elect their allegiance. An alien coming to the 
United States before he is eighteen years old may be admitted 
to full citizenship, upon the declaration of his intention, after 
he has resided in the United States five years and is twenty-one 
years of age. He must be able to prove a good moral character 
by two witnesses and satisfy the court that, for the two years 
next preceding, it has been his bona fide intention to become a 
citizen. 

The United States District Courts have jurisdiction over bank- Bank- 
ruptcy cases according to the law of July 1, 1898. It provides J^^f 
also that any person who owes debts, except a corporation, may 1898. 
on his own motion, before such a Court, become a " voluntary " 
bankrupt. Any person or company, except a National bank 
or a bank organized under State or Territorial laws, owing debts 
of SI. 000 and over may be forced by creditors into " in volun- 
tary " bankruptcy after an impartial trial. It was estimated that 
within a period of less than three years after the passage of this 
law some 40,000 persons became voluntary bankrupts, and debts 
of over $600,000,000 were thus cancelled. 



II. The Postal System of the United States 

gress shall have the power to establish post-offices Sections, 

iij clause 7. 

and po^t-roads. 

No part of our government better indicates the great Develop- 
rapidity of our National development than the progress theVSta! 
of the ]>o>t-office system. An act of Congress of 1782 sys em * 
directed that a mail should be carried at least once in each 
week from one office to another. In 1790 there were 

•• nty-five post-offices in the United States; postage to 
th« amount of $37,925 was Collected, and the post-roads 
extended over 1,875 miles. Said I\>stmaster-( General 
Smith in 1899: "The postal establishment of the United 



194 GENERAL POWERS OF CONGRESS 

States is the greatest business concern in the world. It 
handles more pieces, employs more men, spends more 
money, brings more revenue, uses more agencies, reaches 
more homes, involves more details, and touches more in- 
terests than any other human organization, public or pri- 
vate, governmental or corporate. " In 1910 there were 
59,580 post-offices with employees numbering over 200,- 
000. The expenditures amounted to $229,977,000, and 
the total extent of mail routes was some 512,000 miles, 
and the number of pieces of mail matter handled was 
14,000,000,000. 

Classes of There are four classes of domestic mail matter, as follows: 

and rates. First-class — letters, postal-cards, or other wholly or partly written 
matter and all matter closed against inspection. The rates of 
postage (postal-cards and "drop" letters mailed at non-delivery 
offices, excepted) are two cents per ounce or fraction thereof. 
There IS also a two-cent rate to Great Britain and Germany. 
Second-class — newspapers and publications issued at stated in- 
tervals as often as four times a year, bearing a date of isfl 
and numbered consecutively. When sent by the publishers or 
news-agents the rate is one cent a pound. For other persons 
the rate is one cent for four ounces. Third-class — hooks, proof- 
sheets accompanied by manuscript copy, and seeds may be sent 
at the rate of one cent for two ounces. Fourth-class — all mer- 
chandise not included in the other classes and limited to four- 
pound packages. The rate is one cent an ounce. All mail mat- 
ter may be registered by the payment of eight cents in addition 
to the regular postage. A " special delivery" ten cent stamp in 
addition to the regular postage entitles any mailable matter 
to immediate delivery by special messenger, upon arrival at the 
post-office to which it is addressed. 

Postal For some years, there was an agitation in favor of es- 

bacSf" tablishing savings-banks, similar to those in European 
countries, in post-offices. It was urged that this would 
encourage thrift among small depositors who were not 
within easy reach of private savings-banks. A law was 
passed in 1910 which provided for the establishment of 



GENERAL POWERS OF CONGRESS 195 

postal savings-banks. The plan has proven a success. 
The post-office acts as the agent through which the funds 
are deposited in the National banks. The banks pay the 
government 2£ per cent, interest of which the depositor 
receives 2 per cent. 

The United States is the only great nation whose post-office The postal 
system does not pay a profit. The deficit has been several deficit - 
millions of dollars annually, that for 1910 being $6,000,000. 
This was caused largely by the transportation of second-cL 
matter. Newspapers are carried free within the county of publi- 
cation except in cities having free delivery. There is a charge 
of one cent a pound on periodicals entered as second-class matter, 
whereas the cost to the government for transportation is eight 
cents a pound. It has been contended by the publishers of peri- 
odicals in their opposition to an increase of the rates on this class 
of mail (1) that the advertisements in magazines increase the 
amount of first-class mail matter through the correspondence 
which they bring about; (2) that the government pays excessive 
sums to the railroad companies, thus increasing the deficit; and 
(3) that the post-office carries all government business free. But 
in 1911, for the first time since 1S83, there was a postal surplus 
srij 8220,000 which was due chiefly to the improvement in 
administration. 

One of the notable advances in the mail service was Free 
the provision for the free distribution of mail in citi 
of 10,000 inhabitants, or where the annual postal receipts 
are $10,000 and above. 

A greater innovation was made possible by an act of Rural mail 
Congress in 1897, which made an appropriation for test- 
ing the advantages of the free delivery system in the 
country districts. In many different sections of the 
country routes were established along which there is the 
daily collection and delivery of the mail from house to 
The plan has met with much favor. By No- 
vember 30, 19 516 -ueli routes had been established. 
The rural population receiving daily mail service amounted 



196 GENERAL POWERS OF CONGRESS 

to more Hhan 18,000,000. In the districts where such 
routes have been formed there has been a large increase 
of postal receipts over the revenues received from the old 
system of rural post-offices.* In addition to bringing the 
country districts into more immediate connection with the 
centres of population, the establishment of these routes 
will bring about a more improved system of road mak- 
ing. Indeed it has practically been determined that good 
roads shall be made a prerequisite, and on one route the 
farmers expended $3,000 in the improvement of the roads 
before the route was granted. 

A parcels The Postmaster-General in 190S asked permission to establish 

pos * a limited parcels-post which should be confined to the rural de- 

livery routes. It was urged that it would not alone be of great 
benefit to the farmers, but would bring lar^c additional revenues 
to the post-office. The arguments against the system have been 
presented by the express companies and other common carriers 
on the ground that it would mean the destruction of much of 
their business. It was claimed also by merchants of small towns 
that the department stores of the cities would thus be able to 
undersell them. Although the plan was favored by the Pr< 
dent, 1910, it failed in Congress. 

Post-roads. Post-roads, or routes, are declared by statute to be 
"all letter carrier routes in towns and cities, all railroads 
and canals, and all the waters of the United States during 
the time the mail is carried thereon. " 



III. Copyrights and Patents. 

The clause which provides that the rights of authors 
and inventors shall be protected by suitable Congres- 
sional enactment was adopted without debate in the Con- 
stitutional Convention. Congress was given power: 

* During the year 1907-1908, 3,694 of these post-offices were discon- 
tinued. 



GENERAL POWERS OF CONGRESS 197 

To promote the progress of science and useful arts, by Sections, 
securing for limited times to authors and inventors the ex- clause 8 - 
elusive right to their respective writings and discoveries. 

Any person desiring a copyright must deliver at the Process of 
office of the Librarian of Congress, or deposit in the mail copyright* 
addressed to him, on or before the day of publication, a July, 1900. 
printed copy of the title of the book, map, chart, dramatic 
or musical composition, engraving, cut, print, photograph, 
or chromo, or a description of the painting, drawing, 
statue, statuary, or a model or design for a work of the 
fine arts for which he desires a copyright. Two complete 
printed copies of the best edition of the book, map, etc., 
or a photograph of the painting, statue, etc., copyrighted 
must be delivered or sent to the Librarian of Congress 
not later than the day of publication. These copies must 
be printed from "type set within the limits of the United 
States or from plates made therefrom, or from negatives, 
or drawings on stone made within the limits of the United 
States, or from transfers made therefrom. " 

After complying with the law the author, inventor, de- Protection 
signer, or proprietor of the book, chart, engraving, etc., copyright, 
may have the sole liberty of printing, copying, and selling 
it for a period of twenty-eight years. A renewal for a 
second term of fourteen years may be secured by comply- 
ing with all the regulations for obtaining the original copy- 
right Copyrights may be sold or transferred providing 
the record is made in the office of the Librarian of Con- 
gress within Sixty flays. 

As early as 1819 the authors of England and the United States JjJ^H 1 *" 
tried to induce Parliament and Ooo gTO flB to pass an international copyright, 
copyright law. The writings of an author of one of these coun- 
r e commonly republished in the other country without 
'•on-ent. All attempts to secure such legislation were fruit- 
less until Oongnc i. March 3, 1891, that our copyright 
law should also apply to a citizen of a foreign nation, providing 
citizens of the United S re given equal copyright privileges 



198 GENERAL POWERS OF CONGRESS 



with the citizens of that nation, or in case such nation is a party 
to an international agreement, into which the United States may 
enter, which provides for " reciprocity in the granting of copy- 
right." Copyright relations have been established by the United 
States with the following nations: Belgium, France, Great 
Britain and her possessions, Switzerland, Germany, Italy, Den- 
mark, Portugal, Spain, Mexico, Chile, Costa Rica, and Holland. 

Patents. The inventive genius of the American people, together 

with the protection afforded inventors by our laws, ac- 
count for the fact that out of 1,729,147 patents, the total 
number granted in all countries up to the year 1897, over 
one-third had been issued in the United States.* In the 
year 1910, 37,421 patents were granted by our govern- 
ment. A person desiring a patent must declare upon oath 
in his petition addressed to the Commissioner of Patents 
that he believes himself to be the first inventor of the article 
for which he solicits a patent. He must also submit a full 
description of the invention together with drawings, and if 
required by the Commissioner, a model of it. The sum of 
$15 is charged for filing the application and $20 for issuing 
the patent. The patent is issued for seventeen years, 
but may be extended for seven years longer by the Com- 
missioner or by a special act of Congress, providing the 
inventor has not received what is regarded as an adequate 
money return. During this period, the patentee has the 
exclusive right to manufacture and sell his invention. He 
may also transfer the right to another if notice is sent to 
the Patent Office. 

Caveat. A caveat filed in the Patent Office gives a description 

of a proposed invention and secures to the inventor an 
extension of one year in which to complete his work. 

The Patent Office is one of the self-supporting parts of the 
government. With the fees there has been constructed the 
building now occupied by the Department of the Interior, and 
a large surplus has been accumulated besides. 

* Report of the Commissioner of Patents, 1897, p. vii. 



GENERAL POWERS OF CONGRESS 199 



IV. Piracies and Felonies 

Congress shall hare power to define and punish piracies sections, 
and felonies committed on the high seas and offences against 
the law of nations. 

The jurisdiction of a State is limited by the low-water mark. Crimes on 
The United States has jurisdiction over the waters beyond the se as. llg 
-water mark and extending three miles farther into the 
an, and including gull's and bays; also over crimes committed 
on vessels of this nation upon the high seas, that is, the waters 
of the ocean beyond this limit. 

"Piracy is robbery on the sea. or by descent from the sea Piracy. 
upon the coast, committed by persons not holding a commission intern 
from the time pertaining to. any established state." The V137 LaW ' 

punishment for piracy is death. Each nation has 
ctend t ho definition of piracy, as, for illustration, 
in 1S20 Congress declared the slave trade to be piracy. Such a 
law. hon □ be made to apply only to citizens and vessels 

2 g that nation. 

usually interpreted as including such extreme Felo 
offe: n, murder, arson, and other crimes, punishable 

by death or imprisonment in State prison. 

law of nations or international law is defined as follows: Law of 
bich determine the conduct of the general body nuUon ^ 
of civilised in their dealing with one another."* 



V. Military Powers of Congress 

. qrarti letters of marque and reprisal, and Beetton b, 

11 i rl:i,i 

ntng captures on (and ami water; i-\ 13, it. 

i j> port armies, out no appropriation of 

a longer t>->-m than tiro years. 

■'ntnin <l nil 

To 'if and regulation of the 

land 

* Ll ;». 1. 



200 GENERAL POWERS OF CONGRESS 



Declaration 
of war. 



Privateers. 



Captures. 



The power to declare war in European nations largely 
rests with the Executive. Such a plan was proposed in 
the Constitutional Convention but it was thought a sov- 
ereign power of this nature ought to be exercised in a 
Republic by the representatives of the people. A formal 
declaration of war is not absolutely necessary before hos- 
tilities are begun, but it is usual. 

Great harm has been done to commerce through the use of 
privateers in time of war. These are vessels which are owned 
and officered by private persons but are commissioned through 
the granting by a government of letters of "marque and repri- 
sal." * With such a commission, a vessel is privileged to seize 
the property of the enemy wherever found. In the Congress of 
Paris, of 1856, in w r hich the chief Eu r o p ean powers, Spain ex- 
cepted, were represented, one of the principles agreed to was that 
privateering should be abolished. Although our government 
was not a party to the agreement, the President declared at the 
opening of the Spanish-American War, 189S, that Its pro visions 
should be maintained. Spain declared in favor of granting let- 
ters of marque to privateers but did not carry out the thr< 

Captures on land become the property of the government. 
Prizes, or captures on the water, are sold under the authority 
of the United States District Court. The proceeds are divided 
among the victorious crew r in proportion to the service-pay of 
each, if the captured vessel is of equal rank with the captor; 
if of inferior rank one-half is paid to the government. 



Th« army. There was great jealousy and fear of the power of the 
army at the close of the Revolutionary War. In order 
that the standing army might not become unduly large, 
the Constitution provides that the appropriation for that 
purpose shall not be for a longer term than two years. It 
was believed that a check could then be imposed through 
the election of new Representatives. These appropria- 
tions have ordinarily been made annually. Compared 

* The term was at first applied on land. An officer thus commissioned 
might pass the mark, or boundary, and make reprisals on the persons or 
property of the enemy. 



GENERAL POWERS OF CONGRESS 201 

with the standing armies of European nations, our army 
is insignificant in numbers.* The army of France on a 
peace footing now numbers 600,000 men; of Germany 
617,000; of Great Britain 132,000; and of Russia 1,200,- 
000. 

The President is cx-officio commander-in-chief of the army and Officers of 
navy of the United States, but the actual movements of the army e army * 
are practically directed by the lieutenant-general, the officer now 
highest in command. The commissioned officers of a company 
are captain, first and second lieutenants, with an additional first 
lieutenant for the artillery. The non-commissioned officers are 
first sergeant, sergeant, and corporal. Officers above the rank of 
colonel are called "officers of the line" and all others "field 
officers." 

The construction of a navy in the modern sense was The navy. 
not begun by our government prior to 1883. Since that 
time there has been a notable advance and in 1910 it was 
estimated that our navy was excelled in strength only by 
that of Great Britain. Congress, in 1910, in spite of the 
opposition of the advocates of peace, continued the policy 
of "adequate preparation ,, by authorizing the construction 
of two battle-ships a year. The Secretary of the Navy de- 
clared that the purchase of eight additional battle-ships at 
an outlay of $50,000,000 would have prevented the war 
with Spain, which necessitated an immediate outlay of 
more than ten times that amount and an average annual 
expenditure besides of §2,000,000 for pensions. 



■*&*- 



A ship of the first class ifl given the name of a State, one of the Classes and 

second class that of a principal city or river, and the name for vessels 
one of the third class is selected by the President. The navy . 

now contains ow 160 ships. At the beginning of the year 1910, meo and 

(he number of men on board the war-v* gregated 46,000. tta^oavS! 

The titlefl admiral and vire-admiral. corresponding to the grades 

♦The "New Army Lav." of January, 1901, established the minimum 
of men in the army at 57*000 and the maximum at 100,000. In 1908 
the number of officers and men in the army was 72,628. 



202 GENERAL POWERS OF CONGRESS 



Naval 
militia. 



The militia. 



of general and lieutenant-general in the army, were created by 
act of Congress to be bestowed as a recognition for very distin- 
guished service during the Civil War on the following men: 
Admirals Farragut and Porter, and Vice-Admirals Farragut, 
Porter, and Rowan. Admiral Dewey was likewise granted his 
title by a special act of Congress after the battle of Manila. 
Grades in the line of the navy ranking with the army officers, 
major-generals, brigadier-generals, colonels, and so on, are rear- 
admirals, captains, commanders, lieutenant-commanders, lieuten- 
ants, masters, ensigns. 

The naval militia has been organized in eighteen States. They 
are under the immediate direction of the governors and adjutant- 
generals. When called into service during time of war they 
man the vessels for the defence of the harbors, thus freeing the 
regular force to engage in active warfare. 

A nation must depend for protection either upon a 
large standing army or upon citizen-soldiers. Since the 
regular army was to be small, the plan to provide for 

the militia met with but little opposition in the Consti- 
tutional Convention. Congress was accordingly given the 
power: 

To 'provide for calling forth the militia to execute the 
laws of the Union, suppress insurrections and repel inva- 
sions. 

To provide for organizing, arming and disciplining the 
militia, and for governing such part of them as may he em- 
ployed in the service of the United States, reserving to the 
States respectively the appointment of the officers, and the 
authority of training the militia according to the discipline 
prescribed by Congress. 

As defined by Congress the militia consists of all able- 
bodied male citizens of the United States and those who 
have declared their intention to become citizens between 
the ages of eighteen and forty-five years. 

The That portion of the militia regularly organized into regiments 

Guard!* m the various States under officers of their own selection is 

called the National Guard. They are granted military stores by 



Section 8, 
clause 15. 



Clause 16. 



Who are 
the militia? 



GENERAL POWERS OF CONGRESS 203 

order of the Secretary of War and are called upon to take part in 
the manoeuvres and field practice of the regular army. In case 
of need they may he called into the field as a second line of na- 
tional defence. The number of men in the National Guard is over 
130,000. 

:i war with Spain was determined upon, the volunteer Volunteers 
army hill was passed by Congress and the Pre<ident issued a 
proclamation. April 23, calling for 125,000 volunteers for two 
years' service. May 26, there was a second call for 75.000. 
These were apportioned anions the States and Territories ac- 
cording to their population. The militia could not be called 
out, for the conditions mentioned in clause 15 did not apply, 
and it was necessary to resort to the volunteer service. Prefer- 
ence was given to those volunteers who were members of the 
organized militia. 

VI. Location of the Capital 

The Congress of the Confederacy, in 17S3, while in 
-ion at Philadelphia, made a fruitless appeal to the 
authorities of Pennsylvania for protection against the 
menaces of a portion of the unpaid Revolutionary army, 
and was compelled to leave the city. The agitation 
arising over this incident doubtless led to the Constitu- 
tional provision: 

Congress shall have the power to exercise exclusive Jegis- section 8, 

latum in all cases u-J/atsoever over such district (not t. 

ling ten mihs square) as mat/, by cession of particular 

, and the acceptance of Congress, become the seat of 

nmeni of the United States, and to ■ like 

'• all places purchased hg the consent of the 

legislator* of th< State in which the same shall be, for the 

. magazines, arsenals, dock-yards, and other 

needful buildings. 

After a notable contest, Congress in L790 accepted the Dieti 
cession of ten miles square of land in which to locate the 

National capital, offered by the States of Maryland and 
Virginia and situated on the Potomac River. Some 



204 GENERAL POWERS OF CONGRESS 

thirty square miles were afterwards receded to Virginia. 
New York had been the capital since 1785. In 1790 it 
was again located at Philadelphia for ten years, and was 
then transferred to the District of Columbia. 



Govern- 
ment of 
the 
District. 



Forts and 
arsenals. 



The local affairs of the District are administered by three com- 
missioners: a Republican, a Democrat, and an officer of the En- 
gineer Corps of the army. They are appointed by the President 
and confirmed by the Senate for a term of three years, and each 
has a salary of $5,000 per annum. They are granted the privilege 
of originating many bills relative to the affairs of the District, 
which then pass through the ordinary course of legislation in 
Congress. All other officers are appointed by the President, the 
inhabitants not having the right of the ballot in a single instance. 
One-half the expenses of the government is provided for through 
Congressional appropriations. The remainder is met by taxa- 
tion in the District. 

When the States sell land to the general government to be used 
for forts, magazines, and other purposes, they usually reserve 
the right to serve civil and criminal writs on persons within the 
ceded territory. Such places cannot, in consequence, become 
asylums for fugitives from justice. 



VII. Implied Powers 



Section 8, 
clause 18. 



Strict and 
loose con- 
struction. 



We are now to consider one of the most important 
grants of power to Congress: 

To make all laws which shall be necessary and proper 
for carrying into execution the foregoing powers and all 
other powers vested by this Constitution in the government 
of the United States or in any department or officer thereof 

Our national development has been largely depend- 
ent upon the liberal construction given this clause, which 
is often called the " elastic clause'' of the Constitution. 

The question of its real interpretation arose over the 
problem of establishing the first United States Bank in 
1791. Madison urged, when the measure was being con- 
sidered in the House of Representatives, that Congress 






CORRECTIONS AND ADDITIONS 

MADE NECESSARY 

BY RECENT LEGISLATION 



P. 123: Vermont and Maine are now the only States which 
do not hold their state elections in November. 

P. 12S: Arizona is now a State, so that Alaska, Hawaii, 
Porto Rico, and the Philippine Islands are the Territories that 
send delegates to the House of Representatives. 

P. 129: 

The Senate of the United States shall be composed of two Senators 
from each State, elected by the people thereof for six years; and 
each Senator shall hare one vote. The electors in each State shall 
hare the qualifications requisite for electors of the most numerous 
branch of the State legislature. 

When vacancies happen in the representation of any State 
in the Senate the executive authority of such State shall issue writs 
of election to fill such vacancies. Provided, that the legislature of 
any State may empower the executive thereof to make temporary 
appointments until the people fill the vacancies by election as the 
legislature may direct. 

This amendment shall not be so construed as to affect the election 
or term of any Senator chosen before it becomes valid as part of the 
•fitution. 

This amendment, which became a part of the Constitution 
April 8, 1913, by ratification of the legislatures of thirt\ -si . 
States, the three-fourths required, modified Clause 1 and a 
portion of Clause 2, of Section 3, Article I of the Constitution. 
Clause 1 provided that Senators should be rhoscn by the State 
legislatures. Clause 2 provided that vacancies were to be filled 
by the State legislatures. 

For many years the demand for the direct flection of United 
States Senator^ had behind it an overwhelming public senti- 
ment. There was no argument for the direct election of a 
Governor which did not apply with equal force to the election 



Amend- 
ment 
XVII. 
Election of 
Senators. 



CORRECTIONS AND ADDITIONS 



The 
tariff 
of L913. 



The 

income 

tax. 



The 

currency 
law of 
1913. 



of Senator. The House of Representatives passed the reso- 
lution a number of times providing for an amendment to the 
Constitution which would secure the election of Senators by 
popular vote. More than two-thirds of the State legislatures 
had gone on record in favor of such a reform. Bu1 not until 
1911 was this proposal to amend the Constitution reported to 
the Senate by a committee for favorable action. The resolu- 
tion failed to secure the requisite two-thirds vote at the time, 
but the following year it was again introduced and passed. 

P. 137: Additional reference for question 17: Eleinsch, Head- 
ings on American State Government, 404 414; 120 L28. 

P. 139: Judge Robert YV. Arehbold, of the Commerce Court, 
was impeached and convicted in 1913. 

P. 166: 

The Democratic tariff law of 1913 superseded the Republican 
Payne-Aldrich law of 1909 and made considerable reductions 
from the high protective duties that had been maintained fof 

many years. The free li-t included such food ^tulF^ as meats, 
eggs, fish, potatoes, and some kinds of flour; and there were re- 
ductions upon many other foods. Wool, leather, bootfl and 
shoes, lumber and other building materials, were also placed upon 
the free list; rates upon woolen articles were reduced about one- 
half and upon cotton goods about one-third, Upon the free 
list were farm implements and many materials US< '1 by farmer-, 
steel rails, iron ore and a great many metal manufactures. The 
duty on sugar was to be reduced about one-half after March 1, 
1914, and to be taken off entirely after May 1. L916. 

To provide for the loss of revenue caused thereby, an income 
tax was included. This taxed at the rate of one per cent, net 
incomes over $3,000 (or in the case of husband and wife, $4,000), 
exempting $500 for each minor child, not exceeding two. Ad- 
ditional taxes, ranging from one to six per cent., according to the 
amount of income, made the tax upon incomes over S20,000 
considerably heavier. The corporation tax of 1909 was con- 
tinued. 

P. 173: References for the tariff act of 1913: Outlook, 92 : 
872-876; Rev. of R's, 40 : 341-347. 

P. 188: 

Our monetary system was often criticised in the past as in- 
elastic. That is, the amount of money in circulation did not 
increase and decrease readily in response to the demand for 



CORRECTIONS AND ADDITIONS 3 

money in business. A "stringency" in the money market 
(t.*., scarcity oi loanable cash) might cause a panic. To lessen 
this danger, Congress passed in December, 1913, an act provid- 
ing for a system oi Federal Reserve hanks, from eight to twelve 
in number, each under the control of a board of nine directors. 
Over the entire system i^ a Federal Reserve Hoard consisting of 
the Secretary of the Treasury and the Comptroller of the Cur- 
rency, ex officio, and five other persons appointed by the Presi- 
dent. The National hanks all own stock in the Reserve hanks 
and keep reserve funds in them. These reserves may be shifted 
to any section of the country where there is need for more cash. 
When the demand for more money is general, as in the fall, 
at crop-moving time, new money may be issued to the local 
hanks by the Reserve banks. The local banks must deposit 

security for the redemption of these notes an equal amount 
of approved "commercial paper," i.e., the promissory notes of 
business men; and in addition there must be a 40 per cent, gold 

erve. When the demand for money becomes less active, this 
currency is retired. 

P. 190: Additional question 9. The currency law of 
1913. Outlook, 106 : 1-3; Literary Digest, 48 : 1-3; Indept., 
76 : 565-568; 77 : 10; World's Work, 27 : 369-372; Rev. of R's, 
49 : 131-135. 

P. 196; On January 1, 1913, the parcels-post system was put 
into operation by the post-office department, Congress having 

jsed legislation favoring this innovation. The plan proved 
—ful from the day of its adoption. 

Pp. 216-217: 

Prior to the nominations for the Presidency in 1912, the The 
usual plan wea to select two delegates to the National Conven- conven- 
tion, chosen in district conventions, and four delegates at large, Sons, 
chosen in the Stat** conventions of the various parties. In 

SOIli all of the delegates were -elected in the State con- 

ventions. There vras a steady growth of sentiment on the 

part of the people against the convention plan of nominating 

dek - •<! the demand became bo insistent for a "Presi- 

dential primary" that many State legislatures passed lawa pro- 
viding for this plan. 1 )< i ■ the Presidential nominating 
conventions of L912 were elected by direct primary in Oregon, 
California, Nebri l . North Dakota, Wisconsin, 
Illinois, Maine, Maryland, Massachusetts, and Michigan. 



4 CORRECTIONS AND ADDITIONS 

Pennsylvania also has a modified direct primary law, and in a 
number of other States voluntary primaries were provided for. 

P. 239: In 1913 President Wilson extended the merit system 
so as to cover all fourth-class postmasters except those who re- 
ceive annually less than SI SO. Some r>0,000 office-holders w< re 
included in this order. 

P. 241: President Wilson has revived the custom of add] 
ing Congress in person on special occasions. 

P. 245: Mr. Knox, Secretary of State in President Taft'fl 
Cabinet, received $8,000 owing to the fact that he was in the 
Senate when the increase in salary was made. See Article 1, 
Section 6, Clause 2.) Congress voted, in order to allow his ap- 
pointment, that his salary was to be $8,000. 

P. 246: The Department of State was reorganized in 1909, 
at w T hich time there was created a Division of Latin-American 
Affairs, and Divisions of Far Eastern, Near Eastern, and Western 
European Affairs. 

P. 25 1 : The report of the < Commissioner of Pensions for 1913 

shows that that year there were 1 ,000,000 pensioners, who \, 
paid approximately $180,000,000. 

P. 257: In 1913 the new Department of Labor was estab- 
lished and the Department of Commerce and Labor became the 
Department of Commerce. The Bureau of Immigration wa> 
transferred to this Department and the Children's Bureau. 
tablished in 1913, was transferred to the Department of Labor. 
The Division of Naturalization was made a Bureau. 

P. 275: The executive officers of Alaska are the Governor, 
Attorney-General, and Surveyor-General, the last acting as 
Secretary of the Territory. The judiciary consists of three dis- 
trict judges. All these officers are appointed by the President 
and Senate. In 1912 Congress provided for a popularly elected 
legislature consisting of two houses, one of eight and the other 
of sixteen members. Its laws are subject to approval by Con- 
gress. 

P. 294: Amendments to the Constitution: 
Amend- The Congress shall have power to lay and collect taxes on in- 

xy 1 / comes from whatever source derived, without apportionment among 

the several States and without regard to any census or enumeration. 

The Constitution remained unchanged for forty-three years 
when the XVIth Amendment was adopted by the requisite num- 
ber of States, February 3, 191 3. 



CORRECTIONS AND ADDITIONS 5 

The Senate of the United State* shall be composed of tiro Senators Amend- 
from each State, elected by the people thereof, for six years; and xvil 
each Senator shall have one vote. The electors in each State shall 
hare the qualifications requisite for electors of the most numerous 
branch of the State legislature. 

'When vacancies happen in the representation of anj/ State in 
the Senate, the executive authority of such State shall issue writs of 
'ion to fill such vacancies. Provided, that the legislature of 
any State may empoirer the executive thereof to make temporary 
appointments until the people fill the vacancies by election as the 
legislature may direct. 

This amendment shall not be so co?istrued as to affect the election 
or term of any Senator chosen before it becomes valid as part of 
the Constitution. 

P. 309: 

Sect. III. 1. The Senate of the United States shall be com- 

ted of two Senators from each State, elected by the people 

thereof, for six years; and each Senator shall have one vote. 

The electors in each State shall have the qualifications requisite 

for electors of the most numerous branch of the State legislature. 

J. Immediately after they shall be assembled in consequence 
of the first election, they shall be divided as equally as may be 
into three classes. The seats of the Senators of the first class 
shall be vacated at the expiration of the second year, of the 
second ela>s at the expiration of the fourth year, and of the 
third class at the expiration of the sixth year, so that one third 
may be chosen every second year; when vacancies happen in 
tin* representation of any State in the Senate the executive 
authority of such State shall issue writs of election to fill such 
Provided, that the legislature of any State may 
empower the executive thereof to make temporary appointments 

until the people fill the vacancies by election as the legislature 
may direct 

P. 323: Amendments to the Constitution of the 1 United 
tified in 1913: 

An ii< le XVI.— The Congress shall have the power to lay and 
collect taxes on incomes from whatever source derived, without 

tortionment anions tin- several States, and without regard to 
any i enumeration. 

ncLE XVII. The Senate of the United State- shall he 
composed of two Senators from each State, elected by the peo- 



6 CORRECTIONS AND ADDITIONS 

pie thereof, for six years; and each Senator shall have one vote. 
The electors in each State shall have the qualifications requisite 
for electors of the most numerous branch of the State legisla- 
ture. 

When vacancies happen in the representation of any State in 
the Senate the executive authority of such State shall issue writs 
of election to fill such vacancies. Provided, that the legislature 
of any State may empower the executive thereof to make tem- 
porary appointments until the people fill the vacancies by elec- 
tion as the legislature may direct. 



parties. 



GENERAL POWERS OF CONGRESS 205 

did not possess the power of establishing such a corpora- 
tion, since it was not expressly granted by the Constitu- 
tion. When President Washington referred it to his 
Cabinet for consideration, Jefferson took a similar position. 
Hamilton maintained, on the other hand, that the power 
was implied in the foregoing clause, and that if the bank 
were "necessary and proper to carry out any specific 
powers, such as taxation and the borrowing of money, 
then Congress might create a bank or any other public 
institution to serve its ends." 

We have here the first assertions of the doctrines of the The 
strict and loose constructions of the Constitution. A few of political 
of the other great questions, besides that of the United 
States Bank, which have led to the definition of these 
views have been, Has Congress the right to make appro- 
priations for internal improvements? Does the Consti- 
tution allow the establishment of a protective tariff or the 
acquistion of territory ? Is not the making of paper money 
legal tender unconstitutional ? In general, the views on the 
interpretation of the Constitution held by Hamilton and the 
Federalists have been those of the Whig and the Republi- 
can parties, and those held by Jefferson and the anti-Fed- 
eralists have constituted the guiding principles of the Dem- 
ocratic party. Strictly speaking, however, the party in 
power have been loose constructionists and their opponents 
have been strict constructionists. A study of the questions 
just indicated shows that there has been present the ten- 
dency, throughout the history of our nation, to advance 
the principle of the broad interpretation of the Constitu- 
tion, and this has led to the taking of an advanced posi- 
tion by the party of strict interpretation. Thus the Dem- 
ocratic party of 1^0 would be considered the party of 
liberal interpretation if compared with the Democratic- 
Republican party of Washington's administration. 

Mr. Biyce ha.^ well .^aid: "The interpretation which 



206 GENERAL POWERS OF CONGRESS 

has thus stretched the Constitution to cover powers once 
undreamt of may be deemed a dangerous resource. But 
it must be remembered that even the Constitutions we 
call rigid must make their choice between being bent or 
being broken. The Americans have more than once bent 
their Constitution in order that they might not be forced 
to break it." * 

Supplementary QUESTIONS AND REFERENCES 

1. What are some of the difficulties encountered in Incoming 
a citizen? Independent, 65 : wi-1000. 

2. The following references arc good on the subject of postal 
reform: Forum, 24: 171-475: 723 728; X. Am. Rev., 166: 
342-349; 172 : 420 130. 

3. For postal savings-banks in Great Britain, sec Arena, 33: 
31-37; 35 : 590 592. 

4. For parcels post in Kurope, Bee Arena, 34 : 113-119. 

5. Should there he a system of postal telegraphy? I 

Mag., 59 : 952 956; X. Am. Rev., L72 : 554 556. 

6. For the methods employed in the patent office and a com- 
parison between OUT system and that of European nation 
The United States Patent Office, (Vn. Mag., 61 . 346-356. 

7. Describe the organization of our army. Harper's M 
80 : 493-509; Forum, 21 : 34-43. 

8. For an interesting account of the army and navy at the 
opening of the war with Spain, see Lodge, Harper's Mag., 98 : 
833-858. 

9. How is the success of our navy in the war with Spain ac- 
counted for? Atl. Mo., 82 : 605-616; Scribner's Mag., 24 : 
529-539. 

10. The process of the construction and cost of a battle-ship. 
Cen. Mag., 4S : 347-352. 

11. The process of building a dreadnought. Rev. of R's, 39 : 
749-750. 

12. Our naval progress compared with other nations. Rev. 
of R's, 17 : 70-71; 39 : 347; World's Work, 21 : 13898-13902. 

*Bryce, American Commonwealth, I, 390. 



GENERAL POWERS OF CONGRESS 207 

13. The costliness of war, see Arena, 36 : 337-34-1. 

14. Should the navy be enlarged? Indept, 3S : 5S9-594. 

15. Message of President Roosevelt on the army and navy, 
1907. Reinsch. Readings on American Federal Government, 
610-61S. 

16. The significance of the world cruise of the fleet, 1907. 
Rev. of R's, 37 : 456-463; 3S : 281. 

17. What special problem was connected with the location 
of the capital? How was it finally settled? Hart, American 
History Told by Contemporaries, III, 269-272; Schouler, I, 
152-156; McMaster, I, 55o-:nY2. 

IS. The development of Washington during the one hundred 
years of its existence is discussed in Rev. of R's, 22 : 675-686; 
Forum, 30 : 545-554. 

19. For the influence of the implied powers, see: 

a. Internal improvements. American History, 277; Hart, 
American History Told by Contemporaries, III, 436- 
440; Walker, The Making of the Nation, 204, 205, 262, 
263; Hart, Formation of the Union, 227-229, 253-255. 

b. The United States Bank. American History, 220-222, 

2S6; Hart, American History Told by Contemporaries, 
III, 446-450; Hart, Formation of the Union, 150-151, 
226-227; Walker, The Making of the Nation, 82-83. 

c. The annexation of territory. American History, 247; 

Hart, American History Told by Contemporaries, III, 
373-376; W 7 alker, The Making of the Nation, 177-1S4; 
Hart, The Formation of the Union, 188. 

d. Legal tender cases. American History, 378, 388; Wilson, 

Division and Reunion, 280-281. 

20. Make a list of the powers of Congress thus far discussed. 
See articlr I, section 8. Mention in connection with as many of 
these as possible some action of Congress taken by virtue of the 
power stated in clause 18 of section 8. 



CHAPTER XXI 

POWERS DENIED THE UNITED STATES AND THE 
SEVERAL STATES 

Prohibi- After an enumeration of certain powers granted to 

UniteT e Congress, we come next to consider those retained bj the 
people. They represent the fruits of centuries of con- 
tests which not even the representatives of the people 
should be privileged to destroy. In like manner, at the 
time of the formation of the Constitution it was desirable 
that the general government should be protected from the 
encroachments of the individual States. 
Slave trade Traffic in slaves was general among civilized nations 

prohibited. in 1787> It is s . ltist ' a(>t()rv t() 11()t(lf therefore! that a 
majority of the delegates in the Convention Favored the pro- 
hibition of the slave trade immediately. All of the States 
Georgia, North Carolina, and South Carolina excepted, 
had already prohibited it. Through fears that the adop- 
tion of the Constitution would be endangered, a concession 
was finally made to these States by a compromise which 
provided that the slave trade should not be prohibited for 
a period of twenty years. 
Article I, The migration or importation of such persons as any of 

effuse 1 1?' the States now existing shall think proper to admit, shall 
not be prohibited by Congress prior to the year one thou- 
sand eight hundred and eighty but a tax or duty may be 
imposed on such importation, not exceeding ten dollars for 
each person. 

Such a tax was never imposed. It was found that the 
law of 1807 which was to take effect January 1, 180S, 

208 









POWERS DENIED UNITED STATES 209 

and thus carry out the Intention of this clause, did not 
wholly stop the traffic. Congress, therefore, in 1S20, de- 
clared the slave trade to be piracy punishable with death. 

The privilege of the writ of habeas eorpus shall not be Section 9, 
suspended, unless when in eases of rebellion or invasion the 
public safety may require it. 

A writ of habeas eorpus is a writ granted by a court Habeas 
commanding an officer to produce before it the body of 
a prisoner, that the court may inquire into the cause of 
imprisonment or detention. If after such inquiry, it is 
found that a person is detained for insufficient cause, he 
is given his freedom. Congress has been given, by ju- 
dicial decision, the right to suspend the writ in case 
of rebellion or invasion, but may grant this right to the 
President.* 

Xo bill of attainder or ex post facto law shall be passed. Clause 3. 

" Bills of attainder are such special acts of the legislature Bill of 
as inflict capital punishments upon persons supposed to be a tain er * 
guilty of high offences, such as treason and felony, without any 
conviction in the ordinary course of proceedings. If an act in- Story. On 
flicks a milder degree of punishment than death it is called a Jufion , 11 !!!' 
bill of pains and penalties. M The great abuses under such a 216 - 
law grow out of the fact that persons may be deprived of life, 
liberty, or property without judicial procedure, and such action 
would be intolerable in the United States. 

The Supreme Court has given the following definition: Ex post 
"An ex post facto law is one which renders an act pun- 
ishable in a manner in which it was not punishable when it 
was committed. The phrase applies to acts of a criminal 
nature only. . . . Laws which mitigate the character or story. On 
punishment of a crime already committed, may not fall tution. Il/ 
within the prohibition, for they are in favor of the citizen. " f 

* For'President Lincoln's use of this writ, see American History, p. 391. 
t Section 9, clause 4, is discussed under National Finances, p. 167. 
Section 9, clauses 5 and 6, are discussed under Commerce, p. 174. 



220, 221. 



210 POWERS DENIED UNITED STATES 



Clause 7. 



Care of 

public 

money. 



Clause 8. 



Titles of 
nobility. 



Gifts from 

foreign 

states. 



Section 10, 
clause 1. 
Absolute 
prohibi- 
tions on 
the States. 



No money shall be drawn from the Treasury, but in con- 
sequence of appropriations made by law; and a regular 
statement and account of the receipts and expenditures of 
all public money shall be published from time to time. 

It is proper in a government such as ours that the con- 
trol of the public money should be lodged with the repre- 
sentatives of the people. Through the annual report of 
the Secretary of the Treasury, the people may know from 
what sources our revenues are derived and for what pur- 
poses the money is expended. 

No title of nobility .shall be granted bjf the United States; 
and no person holding any office of profit or trust under 
them shall, without the consent of the Congress, accept of 
any present, emolument, office, or title of any kind what- 
ever from any Icing, prince or foreign state. 

An amendment proposed in 1809 provided that anyone 
who accepted a title of nobility, or, without the consent 
of Congress, a present, office, or emolument from any 
foreign sovereign or state should cease to be 8 citizen of 
the United States and be incapable of holding any office 
therein. That the spirit of antagonism to a titled citizen- 
ship was general is shown by the fact that this amendment 
passed both Houses of Congress, received the sanction of 
twelve States, and failed of ratification by only one vote. 

It was hoped through the second part of the clause that 
public officers would be removed from the dangers of 
bribery by foreign nations. Congress may allow gifts to 
be accepted by our officials but usually they pass into the 
control of the government. 

No State shall enter into any treaty, alliance, or confed- 
eration; grant letters of marque and reprisal, coin money, 
emit bills of credit; make anything but gold and silver coin 
a tender in payment of debts; pass any bill of attainder, 
ex post facto law, or law impairing the obligation of eon- 
tracts, or grant any title of nobility. 



POWERS DENIED UNITED STATES 211 

It is obvious that the power to enter into treaties, al- The states 
liances, and confederations or to grant letters of marque 
and reprisal should be confined to the general government 
alone. Otherwise, there would be constant danger that 
the individual States might enter into alliances or grant 
privileges which would tend to destroy the Union. Con- 
gress had already been given the power to coin money 
and regulate its value. Hopeless confusion must ensue 
were the States to be given like powers. During the colo- 
nial and revolutionary periods there were many notable 
examples of the evils which always followed the issue, by 
the States, of paper money designed to circulate as a legal 
tender. 

When two or more persons enter into a compact "to obligation 
do or not to do a particular thing" which is legally bind- contracts, 
ing upon them, no State may, in any way, modify this 
agreement. This interpretation was established by the 
decision in the celebrated Dartmouth College case.* 

Xo State shall, with out the consent of the Congress, lay Section io, 
any imposts or duties on imports or exports except what Condi-*" 
may be absolutely necessary for executing its inspection laws; hibitiona 
a fid the net produce of all duties and imposts laid by any States. 
Stale on imports or exports, shall be for the use of the 
Treasury of the United States; and all such laws shall be 
t to (he revision and control of the Congress. 

No State shall, without the consent of Congress, lay any Section 10, 
duty of tonnage, keep troops or ships of war in time of Other oon- 
peace, enter info any agreement or compact with another prohibi- 

... . • . ? • , tionsonthe 

Stair or with a foreign power, or engage m war, unless states. 
actually invaded or in Bttch imminent danger as will not 
admit of delay. 

Were the States given power to lay tonnage dues (a tax 
on ships by the ton according to their carrying capacity), 

* See Maunder. John Marshall. American Statesman Series, 190-193; 
American History, p. 286. 



212 POWERS DENIED UNITED STATES 

it would interfere with the regulation of commerce by 
Congress. No justification for the remaining prohibitions 
is needed, for if these powers were possessed by the States 
the Union might quickly be destroyed. 



CHAPTER XXII 
THE EXECUTIVE DEPARTMENT 

Nomination of President and Vice-President 

The great weakness of the government under the The 
Confederation grew out of the fact that there existed no 
adequate executive. The desire to remedy this defect 
was general and all of the plans submitted in the Con- 
stitutional Convention made provision for an executive. 
There was no agreement, at first, as to whether the exec- 
utive power should be vested in one person or more than 
one. The fear of a monarch was deep-seated in the minds 
of the people. Finally, the desire to secure energy in the 
execution of governmental affairs and responsibility led to 
the determination to provide for a single executive. 

It was proposed in the draft submitted by Mr. Pinck- Title and 
ney, that the executive power should be vested in a Presi- term of the 
dent of the United States of America who should have the 
title, "His Excellency."* The term President was in 
common usage; Congress had called its chief officer Presi- 
dent, and the chief magistrates in some of the States bore 
the <ame name. Much discussion was aroused over the 
question of the proper duration of the term of office. 
Hamilton and Madison favored a continuance in office 
during good behavior. A term of three years and one of 

* The proposition was made, in Congress, soon after the govern: 
went into operation, that some more d:_ uld be applied to 

the President. ness, the President of tl. - and 

Protector of t: 

Mightiness," and oth- But an ■ 

ment « ;ould be addressed in official documents as the 

"President of the United - 

213 



214 THE EXECUTIVE DEPARTMENT 



Article II, 
section 1, 
clause 1. 



Method of 
election. 



seven years were also recommended during the early days 
of the Convention. The proposition to choose the Execu- 
tive for seven years was at first carried by a majority of 
only one vote; but when the clause, "to be chosen by the 
National Legislature/' was added, eight States agreed to 
it. That the President should not be eligible for re- 
election was determined by the same number of votes. 
So the clause stood in the first draft of the Constitution. 
Toward the close of the Convention, upon recommenda- 
tion of a committee that tin 4 method of election previously 
agreed to should be changed, the length of term was 
fixed at four years. It was then declared, too, that by 
this change the President might be elected for more than 
a single term. So the clause finally read: 

The executive power shall be rested in a President of the 

United States of America. He shall hold his ojjiee dnrituj 

the term of four years, and, tor/ether irith the Vice-President, 

chosen for the sa)ne term, he elected as follows: 

No problem in the Constitutional Convention was more 
difficult of solution than that of determining the method 
by which the President was to be chosen, and it is said to 
have occupied one-seventh of the entire time of the Con- 
vention. Many plans were proposed. Among them were 
those which provided for the selection by Congress; by 
the people; and by Electors who should be appointed as 
the State legislatures might direct. The method most in 
favor for a considerable time proposed that the President 
should be chosen by Congress. The argument which led 
to a reversal of the decision toward the end of the Con- 
vention was that the President would be liable to become 
a tool in the hands of the dominant party in Congress. 
This desire to escape any official influence led to the adop- 
tion of the clause that: "No Senator or Representative, 
or person holding a position of trust or profit under the 
United States, shall be appointed an Elector." There was 



THE EXECUTIVE DEPARTMENT 215 

general distrust of the method of election by the people 
because of the "tumult and disorder" which it was be- 
lieved would he the accompaniment of such an important 
choice. Then, too, the belief was general in the Con- 
vention that the people would not be sufficiently well in- 
formed concerning the qualifications of men who were 
suitable for the Presidency. 

The Convention at last decided in favor of giving the 
selection of the President and the Vice-President into the 
hands of independent Electors, whose appointment was 
provided for as follows: 

Each State shall appoint, in such manner as the legislaU Section i t 
urc thereof may direct, a number of Electors equal to tJ/e Appoint- 
whole number of Senators and Representatives to which the Electors. 
State may he entitled in the Congress; but no Senator or 
Representative, or person holding an office of trust or profit 
under the United States, shall be appointed an Elector. 

Many different methods of choosing Electors have been 
used. The favorite at first was that each State legislature 
chose the Electors for its State. South Carolina used this 
method until 1868. The district method has also been 
used, by which an Elector is chosen in each of the Con- 
gressional districts and two for the State at large. This 
method, which most nearly expresses the wishes of the 
people, has been used but once since 1832.* At the 
:it time, the Electors are elected in each State on a 
general ticket by direct vote. Each political party nom- 
inates a "number of Electors equal to the whole number 
oators and Representatives to which the State may 
be entitled in ( !ongre 

The nominations of candidates for the office of Elector 

* in 1802 Hid trlctc \ test case 

irt on the ground of un- 

aionaiity. it wn» decided that the Legislature had acted within 
its powers, but t itei the la 



216 THE EXECUTIVE DEPARTMENT 



Nomina- 
tion of can- 
didates for 
President 
and Vice- 
President. 



The 

National 
Conven- 
tions. 



are usually made at the State Conventions of the different 
parties when they nominate State tickets. These occur 
usually in August or September preceding the November 
election. Each person then votes for the entire number of 
Electors to which his State 4 is entitled, and will naturally 
vote for all the Electors of his party ticket. The political 
party, therefore, which receives the majority of the votes 
in a State secures all the Electoral votes of thai State.* 

It was originally intended that the Electors should ex- 
ercise the right of Tree choice, but on account of the growth 
of the power of political panics they do not. They are 
pledged to vote for candidates already nominated in party 
conventions. So we know the day following the election 
who is to be the next President The fiamers of the ( (in- 
stitution did not anticipate such an influence and con- 
sidered no plans for nominating candidates. But as this 
has become the real method by which Presidents are 
selected, we shall consider next the place of National 
Conventions. 

The National Conventions of both the great parties are 
made 4 up of twice as many delegates from the different 
States as these State's have Representatives and Senators 
in Congress. The four delegates representing twice the 
number of Senators are known as delegates-at-laige. 
There are also chosen as many alternates as delegl 



* It has sometimes happened, however, when the election In a State 
has been close that one or more of the Electors on a minority ticket have 
run ahead of the other candidates on that ticket and have secured a 
larger number of votes than candidates on the majority ticket, thus ob- 
taining an election. California, in 1S92, gave one Electoral vote to Mr. 
Harrison and eight to Mr. Cleveland, and again, in 1S96, gave eight votes 
to Mr. McKinley and one to Mr. Bryan. Kentucky, in 1S96, cast twelve 
votes for Mr. McKinley and one for Mr. Bryan. 

Instances have occurred in which two weaker political parties have 
combined in their Electoral ticket against a stronger party and by such a 
fusion have been able to carry a State, thus dividing the Electoral votes 
of that State between them. 



- 



THE EXECUTIVE DEPARTMENT 217 

These delegates are chosen by Conventions in the different 
in April or May of the Presidential election year, 
ording to the prescribed method, in the Republican 
party nvo delegates are selected for each of the Congres- 
sional districts by the district Conventions of each party 
and the four delegates-at-large are chosen by the State 
Conventions. Delegates in the Democratic party may be 
chosen in State Conventions or in district anc Stal - 

sin, Nebraska, North Dako 
Oregon, and California provide by statute for a President 
primar . It is endorsed by the Progress i States 

The National Convention is held in some leading city workof 
during the month of June or July of the year in which National 
a President is to be elected. A few days before the d 
set for the Convention the delegates, together with many 
thousands of politicians, newspaper reporters, and 
seers, flock to that city. Headquarters are established and 
delegations are "labored with" in behalf of the different 
candidates. On the day appointed, the Convention is 
called to order by the chairman of the National commit- 
tee under whose auspices the Convention is to be held. 
:nporary chairman is elected, clerks and secretaries 
are appointed, and rules for the government of the Con- 
vention are adopted. Committees are then made up, the 
most important being those on credentials, which decides 
the questions of contested seats; on permanent organiza- 
tion, and on resolutions, and the Convention adjourns 
to await their reports. In the next session, a permanent 
chairman, secretary, and other officers are selected. On 
the same day or the next the report of the committee 
on resolutions, which sets forth the platform embo^ 
party doctrines and princip! 

UsuaDj n the third or fourth day the nominations are 
made. The roll of S nd the names of the 

various favorites are placed before the Convention as their 



218 THE EXECUTIVE DEPARTMENT 

home States are reached. A State sometimes waives its 
privilege in behalf of some other State which has a candi- 
date to present. Again, the clerk calls the roll of the 
States and each chairman of a delegation announces the 
votes from his State. In the Democratic party the ma- 
jority vote of the delegates from a State determines how 
the whole vote of that State must be east. When Repub- 
lican delegates are not instructed each may vote as he 
pleases. In the Republican Convention, a majority of the 
number of delegates voting is sufficient for nomination. 
No nomination is possible in the Democratic Convention 
except by the vote of two-thirds of the delegates voting. 
Then follows the selection of a candidate for Vice- 
President. In this choice the attempt is made to secure 
some man who will add Strength to the party and who 
comes from a different section of the country from that 

represented by the candidate for the Presidency. He may, 

as in the Cases of Tyler and Johnson, represent a taction 

of the party that is not in entire agreement with the 

majority. 
The A National Committee is also appointed, made up of 

Com- one member from each State, nominated by the State dele- 

gation. This committee is elected before the nominations 
have been made. The wishes of the nominee prevail 
in the choice of the chairman. The committee occupies 
a position of great importance, for by it the platform 
of the party is largely determined. We have here a body 
of men not mentioned by the Constitution but exerting 
vastly greater influence upon the election of President 
than does the Electoral College itself. The campaign is 
organized by this committee. Money is secured, speakers 
are selected, and party literature is sent out by it. The 
committee looks after the interests of the party during the 
ensuing four years and issues the call for the next Na- 
tional Convention. 



mittee. 



THE EXECUTIVE DEPARTMENT 219 

Some idea of the extent of the National Committee's power Campaign 
may be gathered when we consider the size of the campaign fund fund - 
intrusted to its care. It is said that the whole cost of conduct- 
ing the campaign in which Mr. Lincoln was elected for the second 
time amounted to $100,000. The amount of money spent by 
each of the two National Committees in 1900 is estimated at 
?V 000.000. A large proportion of this sum was expended in 
the establishment of National Committee head-quarters, in the 
publication and distribution of campaign literature, and in meet- 
ing the expenses of speakers. Two significant reforms were in- 
troduced in the election of 190S. (1) By an act of 1907, Congress 
forbade corporations to make contributions to campaign funds 
in Federal elections. (2) The Democratic platform demanded 
publicity in campaign expenses and Mr. Taft. as the Republican 
candidate, announced that all contributions would be made public 
after the election. 

Like the development of other political usages, the method of Early 
nominating a President passed through several stages before the ^f m inat- 
present plan of nominating conventions was reached. No nomi- ing. 
nations were made in the first two Presidential elections and 
Washington was elected as provided for by the Constitution. In 
1796. Washington having refused to be a candidate for a third 
term, party managers in Congress agreed informally on Adams 
and Jefferson as the candidates of the Federalist and the Repub- 
lican parties. A caucus of Federalist Congressmen, in 1800, 
nominated Adams and Pinckney, and a caucus of Republican 
Congressmen nominated Jefferson and Burr for the offices of 
President and Vice-President. The Republican members of 
Congress continued to hold a regular caucus and thus direct the 
votes of the party Electors until 1824. In that year William 
H. Crawford, the last Congressional nominee, was defeated. 
There was opposition to the Congressional caucus from the be- 
ginning;, for such a method was regarded as undemocratic In 
1824 and 1828, the several State legislatures put forward their 
favorites for the office of President. 

The National Nominating Convention, as we know .v.mina- 
it, was Used for the GlSl time by the Anti-Masonic party Nation*] 

which 9elected William Wirt for its candidate in 1831. u.'n'. <n 
method was followed in the same year by the National 

Republican party which nominated Henry (lay. The 



220 THE EXECUTIVE DEPARTMENT 

National Convention of the Democratic party in 1832 
nominated Andrew Jackson, who had already been nomi- 
nated by many local Conventions and State legislatures. 
Many years elapsed before the present complex organi- 
zation was reached, but since 1836, with the single ex- 
ception of the Whin; party in that year, parties have re- 
garded the National Convention aa an essential factor in 
electing President and Vice-President. 

Supplementary Questions and Rerun 

1. July 9, lis'.), the Constitutional Convention, bj a vote of 
9 to ], fixed on a term of >i\ years for the President with no 
re-election. Would this be b desirable change at present? 
Presidential Elections Paralyzing to Business, Forum, 22 : 
563-570. 

2. Why was it thought best to make the President eligible to 

re-eleetion for more than one term? Madison, Journal of the 

Constitutional Convention, 309; 'The Federalist, No, 72. 

3. What led to the understanding that a President was to be 
elected for only two terms! Is there good reason for holding to 

this tradition? McMaster,The Third Term Tradition, Fornm, 

20 : 257-265; Eaton, The Perils of Re-electing Presidents, X. 

Am. Rev., 154 : 691-704. 

1. What Presidents have served two terms? How was des- 
election for a second term to be accounted for? See American 

Historv . 

5. The method of calling National political conventions. 
When held? Questions considered? Make a study of the last 
conventions. Thurston, How Presidents are Nominated, Cos- 
mop., 29 : 194-200; Maurice Low, How a President is Elected, 
Scribner's Mag., 27 : 643-656; Republican Convention, 1908, 
Rev. of R's, 38 : 8, 9; Democratic Convention, 1809, Rev. of 
R's,3S: 178-184. 

6. What is a "dark horse" in a National Convention? Give 
instances in our history. 

7. Under what conditions was the first platform of a National 
Convention agreed upon ? Wilson, Division and Reunion, 63. 



THE EXECUTIVE DEPARTMENT 221 

S. Compare the chief planks given in the various party plat- 
forms of the last Presidential election. Do the successful parties 
generally fulfil the pledges oi their platforms? 

9. For the work of the National Committee, see Rev. of Pi's, 
22 : 549 5 

10. What was the probable origin of the system of electing a 
President by Electors? Fiske, Critical Period of American His- 
tory. • g 289. 

11. For the methods which have been used to electing a Presi- 

X. Am. Rev., 171 : 27 

12. How was the method of i lie President by inde- 
pendent Eleetors regarded at the time of the adoption of the Con- 
stitution? The Federalist, No. 68. 

13. Should Electors for President and Vice-President be elected 
by the vote of Co- ! districts with two at large for each 
State instead oi upon a general ticket? Forum, 12 : 702-713; 
X. Am. Rev., 154 : 439-446; The Federalist, Xo. 68; Bancroft, 
History of the United States, VI, 32S-340. 

14. Should the President be elected by direct popular vote? 
Indept., 68:191-194; Outlook, 90:299-303; 770-777; X. 
Am. Rev., 171 : 273-2SS ; Schouler, Grave Dangers in Our 
Presidential Electoral System, Forum, IS : 532-536; Carlisle, 

gerous Defects in Our Electoral System, Forum, 24 : 257- 
- ribner's Mag., 27 : 643-656. 
:ments in favor of and opposed to a Presidential 
primary, see Outlook, 100, 164, 165. 

16. For campaign expenses, 190S, see Rev. of R's, 3S: 139: 
I -- 



Function 
of the 
Electors. 



Amend- 
ment XII. 



CHAPTER XXIII 
THE ELECTION OF A PRESIDENT 

Having considered the method by which a President is 

nominated and that by which the Electors are chosen, we 
are now prepared to discuss the way in which the Electors 
choose a President, lor the steps prescribed by the Con- 
stitution must still be followed, although the election has 
been practically decided by popular vote. The function 
of the Electors is given in Article XII of the Amendments. 

The Electors shall meet in their respective States and rote 

by ballot for President and Vice-President, one of whom, at 

least, shall not he an inhabitant of the same State with tltcm- 
selres; they shall natne in their ballots the person rated for 
as President, and in distinct ballots the person rated f 
Vice-President; and they shall make distinct lists of all 
persons rated for as President, and of all persons voted f Of 

as Vice-President, and of the number of rotes for < 

which lists they shall sign, and certify, and transmit, scaled, 
to the seat of government of the United States, directed to the 

President of the Senate; — the President of the Senate shall, 
in the presence of the Senate and House of Representatives, 
open all the certificates, and the rotes shall then be counted; — 
the person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
whole number of Electors appointed; and if no person hare 
such majority, then, from the persons having the highest 
numbers , not exceeding three, on the list of those voted for 
as President, the House of Representatives shall choose 
immediately, by ballot, the President. But in choosing the 
President, the votes shall be taken by States, the representa- 
tion from each State having one vote; a quorum for this 

222 



THE ELECTION OF A PRESIDENT 223 

purpose shall consist of a member or members from two- 
thirds of the States, and a majority of all the States shall be 
sari/ to a choice. And if the House of Representatives 
shall not choose a President, ichcncccr the right to choose 
shall devolve upon them, before the fourth day of March 
next following, then the Vice-President shall act as Presi- 
dent, as in the case of the death or other constitutional 
disability of the President. — The person having the greatest 
number of votes as Vice-President shall be the Vice-President, 
if such number be a majority of the whole number of Electors 
appointed; and if no persoii have a majority, then, from 
the two highest n umbers on the list, the Senate shall choose 
the Vice-President; a quorum for the purpose shall consist 
of two-thirds of the whole number of Senators, and a ma- 
jority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

The Electoral Colleges, made up of the Electors in the Meeting of 
several States, are all required to meet on the second Electoral 
Monday in January. Each Electoral College must meet 
in its own State, usually at the State capital. After the 
Electors have voted for President and Vice-President 
separately, three lists are made of all the persons voted 
for aa President and as Vice-President and the number 
of votes for each. These lists are then certified to, signed 
by the Electors, and sealed. One of the lists is carried 
by a special messenger to the President of the Senate at 

Washington; another i- sent by mail to the same officer, 

and the third i> deposited with the United States District 
Court Judge of the district in which the Electoral College 
meet 

♦If neither of the other li-*- ived by the President of 

Date by the fourth Monday in January following tin- election, he 

may send a special messensjei to obtain the list deposited with the District 

Judge. 



224 THE ELECTION OF A PRESIDENT 



Counting 
the 

Electoral 
votes. 



These votes are opened by the President of the Senate 
in the presence of the Senate and the House of Repie 
tatives on the second Wednesday in February, and the 
votes are counted. The person having a majority of all 
the Electoral votes cast for President is declared to be 
duly elected President of the United States, and the per- 
son who has a majority of the Electoral vote- cast for Yiee- 
Presidcnt is declared duly elected Vice-President of the 
United States. Contrary to the expectation of the Con- 
stitutional Conventionj the votes cast by the Electors 
since 1800 have been merely a form of registering the 
popular verdict. While there is no law which pre- 
vents an Elector from voting for candidates other than 
those on his ticket, still the custom of voting only for 
his own party candidates has become as binding as any 
statute.* 



Amending 
the Con- 
stitution 
by usage. 



Election of 
a President 
by the 
House of 
Represen- 
tatives. 



Thus, in the election of a President, we have an excellent illus- 
tration of what has been styled "Amending the Constitution by 
usage." "The difference between the actual and the Constitu- 
tional modes is the difference between an ideal non-partisan 
choice and a choice made under party whips; the difference be- 
tween a choice made by independent unpledged Electors acting 
apart in the States and a choice made by a National party Con- 
vention."! 

If none of the candidates receives a majority of the 
Electoral votes, the House of Representatives must pro- 
ceed immediately to choose a President from the three 
candidates having the highest number of Electoral votes. 

* The most notable exception was in the election of 1872, when sixty- 
six Electors were pledged to vote for Horace Greeley for President. Mr. 
Greeley died before the meeting of the Electoral Colleges. When they 
met, the votes of the Electors were divided between two prominent Dem- 
ocrats, with the exception of those of three Electors who still insisted in 
carrying out instructions by casting their ballots for Mr. Greeley. The 
question arises, What would have been the solution of the problem were 
a majority pledged to vote for him? 

t Wilson, Congressional Government, 243, 244. 



THE ELECTION OF A PRESIDENT 225 

In 1S25 the House was called upon to choose a Presi- 
dent from the three highest candidates; Andrew Jack- 
son, John Quincy Adams, and William EL Crawford. 
Mr. Adams was chosen President, having received the 
votes of thirteen out of twenty-four States, although he 
had fewer Electoral votes and fewer popular votes than 
Mr. Jackson. 

The Xllth Amendment provides that if a President The vie*- 
is not chosen by the House of Representatives "when- 
ever the right of choice shall devolve upon them before 
the fourth day of March next following, then the Vice- 
President shall act as President,' , as in the case of the 
death, resignation, or removal of the President. There 
has been no such case in our history. It is also pro- 
vided that if no person have a majority of the Electoral 
votes for Vice-President the Senate shall choose the 
Vice-President from the two candidates having the highest 
numbers on the lists. The one instance of the election of 
a Vice-President in this way occurred in 1837, when the 
Senate elected Richard M. Johnson, who had already re- 
ceived the highest Electoral vote. 

The framers of the Constitution did not consider the Disputed 
question of appointing a tribunal to whom might be re- 
ferred the returns of a State when in dispute, or to decide 
between two conflicting returns from two sets of Electors. 
By a joint rule adopted in 1865, the vote of any State 4 , 
where there was objection made, was not to be counted 
except by agreement of both Houses of Congress. The 
- of two States were rejected under this rule in 1873. 
On both dates the Senate and the House were under the 
control of the same political party.* 

The wisdom of having uniform days when the Electors 
are to be chosen and when they must give 4 their votes is 
almost self-evident. So the Constitution provides: 

* For the Electoral Commission, 1876, see American History, p. 448. 



returns. 



226 THE ELECTION OF A PRESIDENT 



Article II, 
section 1, 
clause 3. 



Times of 
election 
and voting. 



Section 1, 
clause 2. 
The 
original 
method of 
choosing 
the 
President. 



The Congress may determine the time of choosing the 
Electors, and the day on which they sliall give their votes; 
which day shall be the same throughout the United States. 

By such a provision, there is less opportunity for po- 
litical intrigue and combination. The day on which the 
Electors were to be chosen was changed from time to time 
until 1845, when Congress enacted that the day should 
be the same throughout the United States. They selected 
the first Tuesday after the first Monday in November of 
the years exactly divisible by lour. In nearly all of the 
States this is also the day for the election of State officers 
and is known as general election day. As already indi- 
cated, the second Monday in January is now the day on 
which all the Electoral Colleges are required to cast their 

votes. The President of the Senate sends for the inlawing 

returns on the fourth Monday in January. The certifi- 
cates are opened and the votes are counted on the second 
Wednesday of February. 

The first three Presidents were chosen by the method 
given in the original clause. 

" The Electors .shall inert in their respective States, and 
rote by ballot for tiro persons, of whom one, at least, shall 
not be an inhabitant of the same State with fliemsrlrrs. 
And they shall make a list of all the persons voted for, and 
of the number of votes for each; which list they sign and 
certify, and transmit, sealed, to the seat of the Government 
of the United States, directed to the President of the Senate. 
The President of the Senate shall, in the presence of the 
Senate and House of Representatives, open all the certifi- 
cates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if 
such number be a majority of the whole number of Electors 
appointed; and if there be more titan one who have such 
a majority, and have an equal number of votes, then the 
House of Representatives shall immediately choose, by ballot, 



THE ELECTION' OF A PRESIDENT 227 

one of them for President; and if no person have a major- 
. then, from the Jive highest on the list, the said Hous* 
shall, in like manner, choose the President. But in choos- 
ing the President, the votes shall be taken by States, the 
representation from each State having one vote; a quorum 
for this purpose shall consist of a member or members from 
two-thirds of the States, and a majority of all the States 
be necessary to a choice. In every case, after the choice 
of the President, the person having the greatest number 
of votes of the Electors shall be the Vice-President. But if 
there should remain two or more who have equal votes the 
Senate shall choose from them, by ballot, the J' ice- President. 

According to this clause it will be noted that the Electors 
voted for two persons without stating which was to be President 
and which Vice-President. In the official count the candidate 
receiving the highest number of votes, provided it was a major 
of the whole number of Electoral votes, became President and 
the one receiving the next highest became Vice-President. 

Accordingly, in the election of 1796. John Adams, who received Election of 
the highest number. 71. out of 132 Electoral votes, was elected 1796 * 
President, and Thomas Jefferson became Vice-President, having 
received 6S votes or the next highest number. Evidently this 
was a weakness in the system of election which had not occurred 
to the makers of the Constitution. By it. the President and 
Vice-President might be of different political parties. 

The election of 1S00 showed the plan to be impracticable in Election of 
another way.* The election went to the House of Representa- 1S00# 
tives, where, on the thirty-sixth ballot, Mr. Jefferson received 
the votes of ten - at of sixteen and was elected. For 

seven days the House had been in continuous session and the 
country was in such a state of excitement that there was danger 
of civil war. In order to prevent a recurrence of the conditions 
which obtained in 1796 or of the dangers incident to a contest 
like that of 1800, the twelfth Amendment was proposed by Con- 
gress and after ratification was declared in force. September 3 1 
1804. This provides, as already seen, that the Electoral voUs 
must be cast separately for President and for Vice-President. 

-e American History, p. 237. 



228 THE ELECTION OF A PRESIDENT 



Minority 
Presidents. 



Section 1, 
clause 4. 
Qualifica- 
tions for 
President 
and Vice- 
President. 



Section 1, 
clause 5. 
Vacancies. 



In ten Presidential elections, while the successful candidate 
has received a majority of the Electoral votes, he has failed to 
receive a majority of the popular votes and is known as a minor- 
ity President. Such a condition has happened so frequently 
that suggestions have been made looking toward the abolish- 
ment of the system of Electoral Colleges by amending the Con- 
stitution in such a manner as to provide for election by a direct 
popular vote. 

The qualifications for the two offices are naturally the 
same. 

No person, except a natural-horn citizen, or a citizen of 
the United Stairs at flic time of the adoption of this Consti- 
tution, shall he eligible to the office of President; neither 
shall an y person he eligible to that office who shall not hare 
attained to the age of thirty-fire years, and been fow 
years a resident within tlie United States. 

Both officials must be natural-horn citizens of the 

United States. The exception that a person might be- 
come President who was a citizen of the United States 

at the time of the 4 adoption of the Constitution was emi- 
nently just. At that time there were many notable men, 
among them Alexander Hamilton, who though foreign 
born had rendered efficient services in the winning of in- 
dependence and in the organization of the government. It 
would have been an ungracious act were they excluded 
from any office in the gift of the people. Residence abroad, 
as a minister or other official under the government, does 
not disqualify a person from becoming President. 

The chief reason for creating the office of Vice-Presi- 
dent seems to have been to provide for the emergency 
of a vacancy in the Presidency. 

In case of the removal of the President from office or of 
his death, resignation, or inability to discharge the powers 
and duties of the said office, the same shall devolve on the 
Vice-President, and the Congress may by law provide for 
the case of removal, death, resignation, or inability both of 



THE ELECTION OF A PRESIDENT 229 

the President and Vice-President, declaring what officer 

shall then act as President, and snch officer shall act ac- 
cordingly until the disability he removed, or a President 
shall be elected. 

By an act of 1886, Congress provided that the Presi- Presidential 
dential succession should be in the following order: the established 
Secretary of State, the Secretary of the Treasury, the 
Secretary of War, the Attorney-General, the Postmaster- 
General, the Secretary of the Navy, and the Secretary of 
the Interior. When the Secretary of Agriculture was 
made a member of the Cabinet, in 1889, his name was 
added to this list. In case a Cabinet officer becomes 
President, he holds the office for the unexpired term. 

The President shall, at stated times, receive for his ser- Section l, 
vices a compensation, which shall neither be increased nor 
diminished during the period for which he may have been 
elected, and he shall not receive ivithin that period any other 
emolument from the United States or any of them. 

Congress fixed the annual salary of the President at 
S2o,000. It remained the same until the year 1873 when 
it was raised to §50,000 and to $75,000 in 1909. The wis- 
dom of fixing his salary so that it may not be increased 
or diminished during his term of office is apparent. 
( Otherwise he would become a dependent upon the favor 
of Congress. The custom has been established that no 
President -hall receive a gift from any civil body such as 
• council, j' State legislature, or a foreign state. In 
addition to his salary, the President is provided with an 
u executive mansion/ 1 the "White House," which Is fur- 
nished at the expense of the government. 

Hie salary of the Vice-President was fixed at $5,000 in Salary d 
1789. This was changed several times before 1874 when president, 
it was made ?S,0()f) and increased to $12,000 in 1909. 

The maintenance of the Executive branch of the government 
khan $350,000 each year. Thifi includes the salaries of 



230 THE ELECTION OF A PRESIDENT 



Cost of the 
Executive 
branch of 
the govern- 
ment. 



Special 
fund for the 
President. 



the President, of the Vice-President, and of the President's pri- 
vate secretary and clerks; the purchase of furniture, carpets, 
fuel; care of greenhouses and White House grounds; binding and 
printing done by order of the President. The English govern- 
ment votes about $4,000,000 for the annual use of the royal house- 
hold. The Czar of Russia receives $6,500,000 annually in addi- 
tion to revenues derived from 1,000,000 square miles of crown 
domains. The President of France receives $231,600 annually. 
A private fund, known as the "contingent fund," is provided 
for our President each year by Co ngTOOD . This varies in amount, 

$25,000 having been appropriated in L910, may be expended 

as the President dictates, and BOme of the purposes for which it 

is used doubtless include special entertainments given by the 

President to noted foreign visitors; and the employment of 
officials to carry on some investigation relative to National affairs 
whose salaries have QOl been otherwise provided for and whose 
negotiation- should be Becret. 



Inaugura- 
tion Day. 



Section 1, 
elause 7. 



One of the most notable of our civic festivals occurs 
on the fourth of March of each fourth year, when the 
President and the Vice-President are formally in\« 

with their offices. Thousands of people go to Washing- 
ton to witness the inaugural exercises. The Constitution 

makes no further provision that than the President take 
the oath of office and enter upon his duties at a prescribed 
time. 

Before lie enter on the execution of Ids office lie shall take 
the following oath or affirmation: 

"I do solemnly swear (or affirm) that I will faithfully 
execute the office of President of the United States, and trill 
to the best of my ability preserve, proteet f and defend the 
Constitution of the United States." 

It has been established by custom that the oath is ad- 
ministered by the Chief Justice of the United States at 
the east front of the Capitol, but the oath might be ad- 
ministered by any other magistrate having the power of 
administering oaths. The Vice-President takes the oath 
of office shortly before in the presence of the Senate of 



THE ELECTION OF A PRESIDENT 231 

the United States. After taking the oath, the President 
gives his inaugural address, which outlines the policy he 
purposes to carry out in the execution of his duties. 

Supplementary Questions and References 

1. For some of the problems connected with the Electoral 
Colleges in the history of elections, see Rev, of R's, 23 : *><>-69. 

2. What is the method used in counting the Electoral votes? 
Edmund Alton, Among the Law Makers, 88 

3. Do you agree with Mr. Bryce that the tendency is to select 
men for President who have not been prominent ? Bryce, Ameri- 

Commonwealth, I, chapter S. 

4. Was the present President notable before his election? In 
what ways? 

5. What were the chief causes for the success of his party? 

6. How many Electoral votes were required for election? He 
received how many? Did he receive a majority of the popular 
von 

7. How many Electors were there from your State? For 
whom did they vote? How is this majority in your State to be 
accounted for? Election of 190S, Rev. of R's, 39 : 34. 

8. Would successful governors make good candidates for 
lent? In what particulars do the offices resemble each 

other? Would you favor making the governor of your State 
i, Congressional Government, 253, 254. 

9. Under wha4 conditions did Aaron Burr become Vice-P 
dent? Harrison, This Country of Ours, 82; Walker, The Mak- 
ing of die L85; Hart, Formation of the Union, 173. 

of John Quincy Adam- of especial 
[lowed? American History, p. 290; 
The Middle Period, 140-141; Wilson, Division and 
Reunion, 18. 

11. Suite the chief points connected with the "disputed eleo- 

American History, p. 11 s *; Wilson, Division and 
n, American Politi 237. 

12. What b die i f "amendment by 

; -ive other examples of amendment in this 



232 THE ELECTION OF A PRESIDENT 



way? Bryce, American Commonwealth, I, chapter 34; Wilson, 
Congressional Government, 250. 

13. Why was the "defence fund" of $50,000,000 necessary? 
Forum, 25 : 267-275. 

14. Interesting accounts of inaugural incidents and person- 
ages: 

a. Inauguration Scenes and Incidents, Cent Mag., 35: 

733-710. 

b. Davis, The Inauguration, Harper's Mag., 1 -355. 

c. Inauguration Events of 1901, Rev. of It's, 23 : 405-40G. 

15. The "White House/ 1 Indept, 55 : 2497-2607. 



CHAPTER XXIV 

POWERS AND DUTIES OF THE PRESIDENT 

''Unity of plan, activity, and decision are indispensable story. On 
to success; and these can scarcely exist, except when a Btitution. 
single magistrate is intrusted exclusively with the power." 

This is especially true in military a Hairs, hence the pro- 
vision: 

The President shall be commander-in-chief of the army Article II, 

si \i ' t ion *^ 

and navy of the United States, and of the militia of the clause u 

The Presi- 

several States when called into the actual service of the dent com- 
United States; he may require the opinion, in writing, of chief. 
the principal officer in each of the executive departments, 
upon any subject relating to the duties of (heir respective 
offices, and he shall have power to grant reprieves and par- 
dons for offences against the United States, except in cases 
of impeachment. 

Fears were expressed in the State conventions when 
considering the ratification of the Constitution lest the 
President might, under this provision, take charge of the 
army and navy in person, and as a dictator endanger the 
liberties of the Nation. 

The monarch of Great Britain is commander-in-chief of the Military 
army and navy and militia; lie has power to declare war. and in {."/in'r" 
time of war can raise armies and navies and call out the militia, rofi **• 

iament may check hifi only by the refusal to vote 

supplies. The Emperor of Germany must obtain the consent of 

•.th. or upper house, before he max- declare offensive 

war. The President i lare war without the 

advice of the Chamh 

The temporary suspension of the execution of b sen- reprieves. 
tern lied a n By means of ■ reprieve, the 



234 POWERS OF THE PRESIDENT 

President may gain time to look into the evidence more 
carefully in order to ascertain whether there is good reason 
for granting the requested pardon. 

Complete release from a sentence is secured by a par- 
don. The power to pardon also carries with it the right 
of commuting the sentence. By this, a decree calling for 
imprisonment for life may be reduced to a fixed term of 
years, or a death penalty may be mitigated to imprison- 
ment for life, etc.* 
Section 2, He .shall harr power } by and with the adder and consent 

Treaties'. °f l nr Senate, to make treaties, provided tiro-thirds of the 
Senators present concur. 

While the power to conclude treaties seems to l>e with- 
out restriction, it is implied that no treaty shall in any 
way interfere with the authority of the Constitution. 'The 

usual steps in the negotiation of treaties are as follows: 
(1) In time of peace they are conducted at the capital of 
the nation that begins the negotiation. It' this is in Wash- 

ington, the terms are considered by the Secretary of State 
and the minister of the other nation. If in a foreign capi- 
tal, Our minister acts under instructions sent him by the 
Secretary of State. (2) At times one or more special min- 
isters are sent abroad for the purpose of negotiating for a 
treaty. (3) The treaty of peace at the close of a war is 
usually negotiated in some neutral country by special 
commissioners appointed by the belligerent nations. 

In all cases, the President exercises general control over 
the negotiation and framing of treaties. After an agree- 
ment has been reached, the treaty is sent to the Senate. 
It is discussed in Executive Session, in which all matters 
pertaining to it are kept secret until a resolution of the 

* President Harrison considered, during his term, 779 pardon cases, not 
including reprieves. Of these 527 were granted in whole or in part. 
President Cleveland acted on 907 such cases and granted 506 in whole or 
in part. 



POWERS OF THE PRESIDENT 235 

Senate removes the decree of seereey. The Senate may 
approve, rejeet, or modify the terms. If amendments are 
made, they must be agreed to by the President and the 
other nation interested. When a treaty has been finally 
approved by the officials oi both countries, duplicate copies 
oi it are made in parehment. Both of these copies are 
signed by the chief officers oi each country and the copies 
are then exchanged. This is called the u exchange of 
ratification. " An official copy oi the treaty is thus secured 
by each notion. The President then publishes the treaty, 
accompanied by a proclamation, in which it is declared 
to be a part of the law of the land. 

lie shall nominate, and by and with the advice and eon- Section 2, 
sent of the Senate, shall appoint Ambassadors, other public Executive 
ministers and Consuls, Judges of the Supreme Court, and appoinV- 
all other officers of the United States, iclwse appointments 
>)t herein otherwise provided for, and which shall he 
established % law; but the Congress mag by laic vest the 
appointment of such inferior officers, as they think proper, 
in the President alone, in the courts of law, or in the heads 
' partments. 

The President shall have power to fill up all vacancies that section z 
mag happen during the recess of the Senate, by granting ' auae 
commissions which shall expire at the end of their next 

The methods of making appointments may bo classified as 
folio 

(1) By the President with the consent of the Senate. In ad- 

r public ministers and ( '<>il-uIs 
and Judge- - Court who secure their offices in this 

have I by law who i i in the same 

manner. Am' are the 

heads of the executive of the Oi 

Commif 
* roller of M I torn- 



236 



POWERS OF THE PRESIDENT 



Action of 
the Senate 
on nomina- 
tions. 



missioner of Patents, Commissioner of Pensions, Pension Agents, 
Collectors of Customs and Internal Revenue, Land Agents, Indian 
Agents, District Attorneys, Marshals, Territorial Governors, 
Postmasters whose salaries are $1,000 and over, and all Military 
and Naval Officers, unless otherwise ordered by law. 

(2) The President alone has the power of appointing the clerks 
in his office. 

(3) The Judges appoint the officers of their own courts. 

(4) The heads of the departments appoint their subordinates 
with the exception of some of the principal ones, whoso appoint- 
ment is secured through nomination by the President and con- 
firmation by the Senate. 

All of the nominations sent by the President to the Senate 
are submitted to appropriate Committees, as Po-tm:t-ters to 

the Post-Office Committee, Ambassadors to the Committee on 
Foreign Affairs. The report of the committee is considered in 

executive or secret session and the nomination is then voted on. 
If the vote is adverse, the President must make another nomi- 
nation. 



Official 
patronage. 



In making his appointments, the President is largely 
dependent upon the advice of the head of that depart- 
ment under whose direction the officer will come, or upon 
the recommendation of the Representatives and Senators 

of his party from the State in which the office is located. 

This power of official patronage through which political 

assistants in a State may be rewarded with a Federal 
office lias become so burdensome that many Cong] 
men complain of it and express the desire to be freed from 
its exactions. 



Senatorial 
Courtesy. 



Removal 
from office. 



There has grown up an almost invariable custom, known as 
Senatorial Courtesy. By it, no appointment can be confirmed un- 
less it meets the sanction of one or both of the Senators of the 
State in which the office is located, provided they are members of 
the party then in control of the Senate. 

During the first forty years of our government, the views 
of the founders with regard to appointment, and removal 
from the civil service were generally upheld. It was evi- 



POWERS OF THE PRESIDENT 237 

dently their intention that postmasters, collectors of the 
revenues, and officials of this nature were to be regarded 
as clerks or agents appointed to assist in carrying on 
the government. It was believed that these non-political 
offices should he filled without regard to any personal 
or political favor and that an officer might retain his posi- 
tion 90 long as he rendered faithful and efficient service. 
The rule advocated by Madison that the President might 
remove officials without the consent of the Senate was 
acknowledged by Congress. Under its operation, the 
entire number of removals from office between Washing- 
ton's first administration and that of Jackson was only 
seventy-four, and five of the officers removed were de- 
faulters 

It was during this period that William Henry Craw- Rotation in 
ford, Secretary of the Treasury, hoping to pave the way 
for his nomination as a Presidential candidate, secured the 
passage in 1S20 of the "four year tenure act" by which Fourteenth 
most of the officials of the National government who col- United 
lected and paid out public money were to have their terms Civil 

Servico 

of office limited to four years. Thus was made possible the Com : 

i v*ii*» i a • • rr* >» mission, 

dangerous political device, known as rotation in office. 1896-97, 
Webster, Clay, Calhoun and other statesmen spoke of the 
evils growing out of such a law, but it is still in force. 

The "Spoils System " by which appointive offices arc The Spoils 

i i " i .i i / • • System. 

to be regarded as bribes or rewards lor partisan services, 
WAS in use in Pennsylvania as early as 17 ( .K), and was in- 
troduced into New York by 1800,* but did it not become a 
permanent feature of our government until Jackson be- 
came President The Whigs denounced this abuse of the 
civil service on the part of their opponents, and promised, 

if elected, to make the needed reforms. But the pressure 

upon them was too great, for no sooner were they given 

power by the election of I s 10 than the sacrifice of Demo- 

* Jackson an'! rfcan IIMory, 306. 



238 POWERS OF THE PRESIDENT 

cratic office-holders began. From this time down to 1883, 
whenever there was a change of administration, and espe- 
cially when this meant the victory of a different political 
party, a "clean sweep" of the offices was thought to be 
necessary. 

The evils of the system were indicated in the reports of 
special committees appointed by the different Cangies 
and numerous efforts at reform were mad' 
The Finally, January 16, 1883, Congress passed the "Civil 

Pendleton . 

Bill. Service Law, which in general still governs the Federal 

service. This act established the United States Civil 

Service Commission, which was to be composed of three 
members, not more than two of whom should belong to 

the same political party. ( >ther provisions of the act and 

the rules for carrying it out are: That there shall he 

open, competitive examina tioii> for testing the fitness of 
the applicants for the public service in the departments at 

Washington, and in the custom-houses and post-offi< 
where at least fifty officials are employed; that when a 

vacancy exists in any office in either of these classes it shall 
be filled from the three applicants graded highest in the 

list of those who have passed the competitive examination; 
that the final appointment shall not be made until after a 
trial of six months in the office. The law does not extend 
to positions outside the Executive branch of government, 

to positions for which appointment is made by the Presi- 
dent with the consent of the Senate, or to places of un- 
skilled labor. The President is pven the power to direct 
the further extension of the "classified service," or posi- 
tions which are to be filled by persons who have taken the 
examinations.*)" 

The number of offices originally included under the act 
was about 14,000. The classified offices reported June 

* See American History, pp. 445, 446, 462. 
t See American History, p. 495. 



POWERS OF THE PRESIDENT 



239 



30. 1910, numbered 235,000, and those which were unclas- 
sified or excepted 133,000. Some 75,000 of the unclassi- 
fied offices were fourth-class post-offices in which a salary 
of less than SI. 000 is paid. 

The ordinary civil service examinations are held twice 
each year at such places throughout the country as are 
gnated by the Commission. Much has been accom- 
plished since the law went into effect, but it is to be hoped 
that the system will at an early date be extended to the 
offices still unclassified,* and that the effective reform 
work already done in some of our States and cities f will 
become general throughout the country. Two other pro- 
visions of the act have also brought about a vast improve- 
ment in our civil service. One oi these provides that offi- 
cial authority and influence shall not be used to coerce the 
political action oi any citizen: and the other, that no per- 
son in the public service is under obligation to contribute to 
any political fund or to render any political service. 

The President may remove an officer during the session 
be Senate by nominating, and by and with the advice 
and consent of the Senate, appointing his successor. If 
the removal is made during the recess of Congress, the 
newly appointed officer receives his commission and enters 
upon his duties at once. If, when the Senate convenes, it civil 



Rule for 
removals 



Service 



refuses to confirm the appointment, the President makes oomma 






another nomination. A most important order was issued > 
July 27, L897, which provides that "No removal >hall be 
made from any position subject to competitive examina- 



* During the years 1901-1902 there were included in the comr* I 

. by order of President B the rural ry service, 

permanent employees of the Census Office, and those additional em- 
ployees necessary because of the wil - In 190S he extended 
the application of the merit rule so as to include 15.000 fourt! - 
mast* ift. in 1909. placed on I ossified service, assist- 
ant p :j*t~ and second-class offices and all of their I 
t See pp. 30-31. 



240 



POWERS OF THE PRESIDENT 



Vacancies. 



Article II, 
section 3. 
Duties of 
the 
President. 



Enforce- 
ment of the 
laws. 



tion except for just cause and upon written charges filed 
with the head of the department or other appointing 
officer, and of which the accused shall have full notice and 
an opportunity to make defence. " An act of 1S66, still 
in force, provides that "No officer in the military or naval 
service shall, in time of peace, be dismissed from service 
except upon, or in pursuance of, the sentence of court- 
martial, to that effect or in commutation thereof." 

When an office becomes vacant during the recess of the 
Senate, the President appoints as in the case of removal 
during the recess. If the Senate fails to net on the nomi- 
nation before the adjournment, the President must then 
issue a new commission to the same or another person. 

He shall, from time to time, give to flic Congress informa- 
tion of the state of the Union, and recommend to their 
consideration such measures as he shall judge necessary 

and expedient; he may, on extraordinary occasions, CCnVi nr 
both Houses, or either of them, and in ease of disagree- 
ment between them, with respect of the time of adjournment, 
he mat/ adjourn them to such time as lie shall think proper; 
he sJiall receive Ambassadors and other public ministers; 
he shall take care that the lairs be faithfully executed, and 
shall commission all the officers of the United States. 

The most important duty of the President is to see 
that all laws passed by Congress are faithfully executed. 
Laws are useless unless they are enforced, and it is chiefly 
for the performance of this task that the Executive was 
originally created. It is not contemplated that this duty 
shall be performed by him in person, but through officials 
who are directly responsible to him. The United States 
marshals and their deputies exercise a wide influence 
in seeing that the laws are enforced. They usually act 
under an order from a United States court, but may, at 
times, act without such a writ. If necessary, the President 
may send the army and navy of the United States and 



POWERS OF THE PRESIDENT 241 

call out the militia of the States to overcome any resist- 
ance to Federal law. 

By means of the annual message sent to Congress at the Presiden- 
opening of the session, and special messages on particular messages, 
occasions, the President is enabled to call attention to the 
legislative needs of the country. The plan of having a 
message read in each House by the clerk or secretary was 
introduced by President Jefferson. Presidents Washing- 
ton and Adams addressed, in person, Congress assembled 
in joint session. Various reasons have been alleged for 
this change. It is said that President Jefferson was a poor 
speaker, and that he regarded the formal address as mon- 
archical. 

The power of calling Congress together on extraordi- Special 
nary occasions has been exercised by a number of Presi- 
dents. The House of Representatives has never been 
called in special session alone. It has become the custom 
for the outgoing President to call the Senate in special 
session to act on the nominations of the Cabinet and other 
officials to be appointed by his successor immediately fol- 
lowing the inauguration. 

The act of receiving a minister from a foreign state is The. 
equivalent to the acknowledgment of that state as an and foreign 

. , t . . . . i • i t ministers. 

independent nation. A minister may be rejected or dis- 
missed because he is personally objectionable; because 
there is no desire to recognize his state as sovereign; or 
for the reason that unfriendly relations exist between the 
two nations. Should the executive of one nation send to 
the minister of another nation, during a period of strained 
relations, that minister's official papers, it would be re- 
garded as equivalent to a declaration of war. 



242 POWERS OF THE PRESIDENT 

Supplementary Questions and References. 

1. What have been some of the most important treaties entered 
into on the part of the United States? 

2. For the treaty made at the close of the Spanish- American 
War, see Rev. of R's, 18 : 258, 371, 515, 631; 19 : 11, 261, 262, 
266, 267. 

3. In what ways may a treaty be abrogated? Harrison, 
This Country of Ours, 140, 141. 

4. May a President have many of the privileges of private life? 

a. The President at Home, Harper's Mag., 89 : 190-203. 

b. Harrison, This Country of Ours, 177-180. 

5. What are some of the official cares of the President? 

a. Our Fellow Citizen of the White House, (Yn. Mag., 

53 : 645-664. 

b. Harrison, 'This Country of Ours, 162-177. 

6. Secure a copy of the last report of the Civil Service Com- 
mission and also Manual of Examinations for the Classified Ser- 
vice of the United States, Address, Civil Service Commission, 
Washington, D. C. 

a. How many persons are included in the civil service of the 

United States? 

b. What proportion of them are included in the classified 

service? 

c. Does the Law of 1883 seem to have brought about satis- 

factory results ? 

d. What offices have been included in the extensions of the 

Civil Service Law? 

e. What is the nature of the questions given in the examina- 

tions? 

7. The Fifteenth Annual Report of the Commission (pp. 443- 
485) contains an account of the appointments and removals by 
the various Presidents from 1789 to 1883. Also an account of 
the growth of civil service reform in the States and cities of the 
United States, pp. 489-502. 

8. May a man be fitted for political preferment and not be 
competent to pass an adequate examination ? Atl. Mo., 65 : 
443, 444. 



POWERS OF THE PRESIDENT 243 

9. For other articles on civil service reform see: a. The 
Civil Service as a Career, Forum, 20 : 120-128. b. Lynian J. 
Gage, The Civil Service and the Merit System, Forum, 27 : 705- 
712. c. Some Popular Objections to Civil Service Reform, Atl. 
Mo., 65 : 433-144: 671-678. d. "The Victor and The Spoils/' 
O ut look, 93 : S50-S51. e. " Civil Service Under President Roose- 
velt," Rev. of R's, 31 : 317-324. /. "Twenty-five Years of Civil 
Service Reform," Outlook, 84 : 799. g. Roosevelt, Present Status 
of Civil Senice Reform, Atl. Mo., 75 : 239-246. h. The Purpose 
of Civil Senice Reform, Forum, 30 : 608-619. 

10. What was the Tenure of Office Act of 1867? Why did it 
become of great importance? Is it still in force? Wilson, Divi- 
sion and Reunion, 267, 270-271, 297. Harrison, This Country 
of Ours, 101-103. 

11. What were the chief points discussed in the President's 
last annual message? 



CHAPTER XXV 

THE CABINET AND THE EXECUTIVE DEPARTMENTS 

The The President's Cabinet comprises the Secretary of 

State, Secretary of the Treasury, Secretary of War, 
Attorney-General, Postmaster-General, Secretary of the 

Navy, Secretary of the Interior, Secretary of Agriculture, 
and Secretary of Commerce and Labor. These consti- 
tute the chief officials in the nine executive departments 

of our government. It was taken for granted that such 
departments would be formed, for the Constitution de- 
clares the President may require tin 4 opinions in writing 

of the heads of the executive departments, and again, that 
Congress may vest the appointment of certain inferior 
officers in the heads of these departments. But there was 
no thought in the Constitutional Convention of creating 
an institution whose members should meet regularly with 
the President and consult on matters outside of their own 
departments. The Cabinet, as a body, has no legal posi- 
tion as a part of the government. The different depart- 
ments have been created by acts of Congress and their 
duties are defined by law. The President is not obliged 
to take the advice of his Cabinet, although their views 
usually have weight with him. No official record is kept 
of the meetings.* 

* The following is taken from a conversation with President Hayes, 
reported by C. E. Stevens in his Sources of the Constitution of the United 
States, pp. 167-168. President Hayes said that he and other Presidents 
had occasionally acted independently of Cabinet advice; that the custom 
of the past had varied; and that some Presidents had been more in- 
fluenced by their Cabinets than others. He said that President Bu- 
chanan was much worried by his Cabinet because not strong enough to 

244 



THE CABINET 



245 



In 17S9 the first Congress created the Departments of State, 
War, and the Treasury, also the office of Attorney-General. 
President Washington's Cabinet consisted of the officials whom 
he appointed to fill these four positions. The Navy Depart- 
ment was added in 179S. Prior to this time naval affairs 
had been under control of the War Department. While a Post- 
Office Department was established in 1794, the Postmaster- 
General was not made a member of the Cabinet until 1829. In 
1S49, the Interior Department was created by grouping under it 
certain duties which had belonged to other departments. The 
Department of Agriculture was organized in 1862, and to it were 
assigned the duties appertaining to the agricultural interests of 
the country which had been performed through the State De- 
partment. It was not made a Cabinet position until 1S89. 

In 1903, the Department of Commerce and Labor was author- 
ized by an act of Congress. It has been advocated and it would 
seem desirable that a Department of Education should be 
formed. 

Members of the Cabinet receive an annual salary of 
$12,000.* The departments furnish an example of a 
splendidly organized system. That the business of each 
department may be more easily done, it is distributed 
among bureaus. The bureaus are again divided into 
divisions, and the divisions into rooms where the large 
number of clerks are to be found. At the head of each 
bureau is a commissioner, and of each division a chief. 
To complete the satisfactory working of the system, each 
clerk is made responsible to his chief of division; this 
chief, to his commissioner; and he, in turn, to the secre- 
tary, who is responsible to the President and to Congress. 

insist on his own will, but that President Lincoln had decided on his 
Emancipation Proclamation without consulting his Cabinet, and read it 
over to them merely for sussestion and amendment. On two occasions, 
he (President Hayefl deckled and carried out matters against the wishes 
of the secretary of a department affected. 

* Mr. Knox recefrefl $8,000 owin£ to the fact that he was in the Senate 
whf-n the increase in salary was made. See art. I, section 6, cla 

ten voted, in order to allow his appointment, that his salary was to 
*» $5,000. 



Formation 
of the de- 
partments. 



Salaries 
and general 
organiza- 
tion of the 
depart- 
ments. 



246 



THE CABINET 



The Department of State 



Secretary 
•f State. 



The Secretary of State is commonly called the head 
of the Cabinet. He is first in rank at the ( Cabinet tabic, and 
occupies the seat of dignity at the ri<^lit of the President. 
Under the direction of the President, he conducts all 
negotiations relating to the foreign affairs of the Nation; 
carries on the correspondence with our representatives in 
other countries; and receives the representatives of foreign 

powers accredited to the United Statesj and presents them 
to the President. Through him, the President communi- 
cates with the Executives of the different States. He has 
charge of the treaties made with foreign powers, and nego- 
tiates new ones. lie also has in his keeping the law 
the United States, and the great seal which he affix* 
all Executive proclamations, commissions, and other official 

papers. He publishes the laws and resolutions of ( <>u- 

gress, and issues and records passports. The Secretary 

of State has three assistant secretaries. 'There are seven 

bureaus in the department: Diplomatic, Consular, In- 
dexes and Archives, Accounts, Trade Relations, Rolls 
and Library, Appointments and Citizenship. 



Diplomatic 
Bureau. 



The United States, in common with other nations, sends repre- 
sentatives to the foreign capitals. They are the agents through 
whom the Secretary of State communicatee and negotiates with 
other powers. Such affairs are conducted through the Diplo- 
matic Bureau. Our representatives at the courts of England, 
France, Germany, Russia, Italy, Austria, Mexico, Brazil, Japan, 
and Turkey are known as Ambassadors.* They receive a salary of 
$17,500 each. The social demands made upon our Ambassadors 
are great and they are also obliged to provide for their places of 
residence. The salaries paid are not sufficient to meet these 
necessary expenses and are small in comparison with those paid 

* In 1893, Congress provided that our representative to a foreign coun- 
try was to have the same rank as the representative of that country sent 
to the United States. 



THE CABINET 247 

by the European nations to officers of the same rank. Thus, the 
English Ambassador at Washington receives a salary of $32,500, 
Besides the English, the Germans, the Japanese, and some other 
nations have provided houses for their legations. Besides Am- 
sadors, the other diplomatic representatives are (1) minis- 
- plenipotentiary, envoys extraordinary, and special commis- 
sioners: (2) ministers resident, and (3) charges d'affaires. 

A Consul is sent by the United States to each of the Consular 

chief cities in the consular districts into which foreign 
countries are divided by our State Department. These 
Consuls, of which there are three grades, Consuls-Gen- 
eral, Consuls, and Consular Agents, look after the com- 
mercial interests of the United States in those districts. 
They care for destitute American sailors and protect the 
interests of our citizens in foreign countries. In some of 
the non-Christian nations, such as China and Turkey, 
the Consuls also have jurisdiction over all criminal cases 
in which any American citizen may be a party. The im- 
portance of such a service to the country is self-evident. 
The appointment of these officials was formerly secured 
under party pressure. According to the rule adopted in 
1906, all vacancies in the Consular service are hereafter 
to be filled by promotion for ability and efficiency in the 
sen-ice or by the appointment of those who have passed 
the civil service examination. 

The Department of the Treasury 

The Department of the Treasury is the most extensive Seci 
and complex of the Executive Departments. In general, Treasury. 

th« S 'iy of the Treasury has chaige of the finances of 

die nation. He is required to prepare plans for tin 4 crea- 
tion and improvement of the revenues and the public 
lit and to superintend the collection of the revenue. 
He [ rders for all moneys drawn from the Treasury 

in accordance with appropriations made by Congress, and 



248 



THE CABINET 



The six 
auditors. 



The 
Treasurer. 



The 

Bureau of 
Engraving 
and 
Printing. 



submits an annual report to Congress which contains an 
estimate of the probable receipts and expenditures of the 
government. 

It is very important that the accounts of the govern- 
ment should be carefully scrutinized, and one of the six 
auditors connected with the Treasury Department must 
pass upon the accounts of every public officer who pays 
out money. Thus the auditor for the Treasury Depart- 
ment examines all accounts of salaries and incidental 
expenses of the office of the Secretary of the Treasury 
and all other offices under his immediate direction, such 
as the Treasurer and the Assistant Treasurers, Direc- 
tors of the Mint and Assay Offices. There are also 
auditors for the War, Interior, Navy and Post-offioe 
Departments and one for the State (and other Depart- 
ments). 

All of the money of the United States is under the care 

of the Treasurer. He receives and pays it out upon the 
warrant of the Secretary of the Treasury or a designated 

assistant, redeems the notes of the National hanks, and 

manages the Independent Treasury System. This system 
renders the Treasury Department practically independent 

of the hanks of the country. It includes the Treasury at 
Washington and sub-treasuries, each in charge of an As- 
sistant Treasurer, at Boston, New York, Philadelphia, 
Baltimore, Cincinnati, Chicago, St. Louis, New Orleans, 
and San Francisco. While the greater part of the money 
belonging to the government is found in these places, 
about 200 National banks have also been designated as 
public depositories. 

The Bureau of Engraving and Printing is one of the 
largest in the Department and employs about 1,600 peo- 
ple. It has been said that the products of this bureau, 
in the course of a single year, represent a sum equal in 
value to all the money in circulation in the United States; 



THE CABINET 249 

for here the engraving of the plates and the printing of all 
the United States circulating notes, bonds, revenue stamps, 
and postage stamps is done. 

The duties oi the Comptroller of the Currency and 
Commissioner of Internal Revenue are discussed on pages 
166 and 1S7. 

The Life Saving Service, under a General Superintend- The Life 
ent, is one of the most important branches of the Treas- Service. 
ury Department. More than 2,000 men are employed in 
the 273 stations, located generally at danger points on the 
oceans and the great lakes. Out of the 6,000 lives imper- 
illed in the year 1910 in the disasters on water, only 53 
were lost. Of the 1,463 vessels of all kinds in peril, 1,407, 
with cargoes valued at over $10,000,000, were rendered 
assistance by the life-savers. This service is maintained 
at an annual expenditure of a little over $2,000,000. 
It has been estimated that 225,000 lives have been saved 
through this service since it was founded in 1S48. 

The Supervising Surgeon-General superintends the Supervis- 
twenty-two marine hospitals where our sick sailors are Surgeon- 
cared for; conducts the quarantine service of the United 
States; and directs the laboratories for the investigation 
of the causes of contagious diseases. 

The Supervising Architect prepares the plans for gov- Supenrb- 
ernment buildings and superintends their construction. Architect 

Military and Xaval Affairs 

The President has never assumed command of the army 
in person, but has delegated his authority to officers 
whom he xlcct-. The Secretary of War and Secretary of 
the Navj exercise this authority during the time of war. 
They, in turn, select other officers to assist them. The 
order- given by the President to any officer are strictly 
imperat: 



250 



THE CABINET 



Secretary 
of War. 



Commis- 
sary- 
General. 



Chief of 
Ordnance. 



Corps of 
Engineers. 



Chief 

Signal 

Officer. 



The Secretary of War has charge of the military affairs 
of the government under the direction of the President. 
He supervises all estimates of appropriations for the ex- 
penses of the department, for the purchase of all sup- 
plies for the army, and for its transportation. He has 
under his supervision the military academy at West Point; 
and all the National cemeteries. He has the oversight also 
of river and harbor improvements; and of the prevention 
of obstruction to navigation. All chiefs of the eleven 
bureaus are regular army officers. 

Food is supplied the army by order of the Commis- 
sary-General, and medicine by order of the Surgeon-( Gen- 
eral; and arms are supplied by the Chief of Ordnance. 
The arms used are manufactured chiefly in the United 
States arsenals, which are under the control of the War 
Department. The arsenals at Springfield, Massachu- 
setts, and Rock Island, Illinois, manufacture rifles and 
carbines; and that at West Troy, New York, cannon and 
mortars. 

The Corps of Engineers is in charge of the Chief of 
Engineers. The duties of these officials are to locate and 
construct fortifications, military bridges, and light-houses; 
and to carry on the work of the government for the im- 
provement of harbors and navigable rivers. 

The Chief Signal Officer supervises all military signal- 
ling, such as communicating messages from distant points 
by the use of flags, the heliograph, flashlights, and similar 
devices. He is also charged with the supervision of the 
construction and operation of all military telegraph lines. 



The United 
States 
military 
academy. 



The United States military academy at West Point was founded 
in 1802. The corps of cadets is made up of one cadet from each 
of the Congressional districts, one from each of the Territories 
and the District of Columbia, and one hundred from the United 
States at large. Prior to the year 1900 there were only ten 
cadets at large. The act of that year also provided that thirty 



THE CABINET 



251 



cadets were to be named by the President directly, and the re- 
mainder apportioned among the States. They all receive their 
appointments from the President, but it has become the cus- 
tom for the Representatives and Delegates to select those from 
the Congressional districts and the Territories. An appointment 
may be made after a competitive examination, which is the 
usual way. or without such a test, according to the wishes of 
the Representative. The cadet must be between seventeen and 
twenty-two years of age. Each receives S540 a year during 
the four years of his course. The course of study has for the 
principal subjects: mathematics, Trench, Spanish, drawing, tac- 
tics, physics, chemistry, geology, history, international and con- 
stitutional law, civil and military engineering, and the science 
of war. Upon graduation, the cadets are commissioned as second 
lieutenants in the United States army. In case there are more 
graduates than vacancies, those in excess are honorably dis- 
charged with the payment of one year's salary. 



The Department of the Navy 



The duties of the Secretary of the Navy pertain to the Secretary 

, of the 

construction, manning, arming, equipping, and employ- Navy, 
ment of war- vessels. The work is distributed among the 
following bureaus: navigation, yards and docks, equip- 
ment, ordnance, construction and repair, steam engineer- 
ingj medicine and surgery, supplies and accounts. The 
chiefs of these bureaus are officers of the United States 
navy. 

The naval observatory at Washington is under the direction The United 1 
of the Secretary of the Navy; also the naval academy at An- 
napolis, established in 1846. One cadet is allowed in the naval 
academy for each member or delegate of the House of Representa- 
tive, one for the District of Columbia, and ton at large Candi- 

dates f or admission, at the time of their examination, must be 
between the ages of fifteen and twenty years. The nomination 

of a candidate to fill a vacancy ifl made upon recommendation of 
a Representative or Delegate, if made before July 1; but if no 
recommendation be mad" by that time, the Secretary of the 
Navy fills the vacancy by appointing an actual resident of the 



Stales 
naval 
academy. 



252 



THE CABINET 



district in which the vacancy exists. The President selects the 
candidates at large and the cadet for the District of Columbia. 
At the conclusion of the six years' course, two of which are spent 
at sea, the graduates are assigned in order of merit to the va- 
cancies that may have occurred in the lower grades of the line 
of the navy and of the marine corps. Cadets who are not as- 
signed to service after graduation are honorably discharged and 
are given $500, the amount they have received each year of their 
course at the academy. 

The Department of Justice 



Attorney- 
General. 



The Attorney-General is the legal adviser of the Presi- 
dent and of the heads of the departments. He supervises 

the work of all the United States District Attorneys and 
Marshals, and is assisted by the Solicitor-General. Unless 
otherwise directed, all eases before the Supreme Conn and 

the Court of Claims in which the United States is a party 
are argued by the Attorney-Genera] and the Solicitor- 
General. The law officers of the various departments are 
also under the direction and control of the Attorney- 
General. 



The Post-Office Department 



Postmas- 
ter-General. 



The Postmaster-General is at the head of this depart- 
ment. He appoints all of the officers of the depart- 
ment, with the exception of the four Assistant Postmasters- 
General and 6,900 Postmasters, whose salaries are not 
less than $1,000 and whose appointments are made by 
the President with the consent of the Senate. The Post- 
master-General may, with the consent of the President, let 
contracts and make postal treaties with foreign govern- 
ments. 



Universal Since 1891, the United States has been a member of the Uni- 

Unlon. versal Postal Union. By this Union over fifty distinct powers 

became parties to an agreement by which uniform rates of post- 



THE CABINET 253 

age were a gree d upon and every facility for carrying mails in 
each country was extended to all the others. 

There are four bureaus in the department, each in charge Bureaus of 

. the Post- 

of an Assistant Postmaster-General. The appointment of office De- 
postmasteis; general management of the post-offices with 
their clerks and carriers is under the direction of the first 
Assistant. The second Assistant looks after the transpor- 
tation of the mails; the third Assistant furnishes stamps 
and has charge of the finances; while the fourth Assistant 
among other duties superintends the divisions of rural de- 
livery and dead letters. 

Tin; Department of the Interior 

The Interior Department, under the supervision of the The 
Secretary of the Interior, is one of the most complex and ofuie 
important of the departments. There are two Assistant 
Secretaries in the department, while at the head of the 
other offices are six Commissioners and two Directors. 

The Commissioner of the General Land Office has Commis- 
charge of all the public lands of the government, and the General 
supervises the surveys, sales, and issuing of titles to this Office, 
property. (See p. 283.) 

The Commissioner of Education is the chief of the rommis- 
Buxeau of Education, This bureau has charge of the Education. 
collection of facts and statistics relating to the educa- 
tion;) 1 systems and to progress along educational lines in 
the several States and Territories, and also in foreign 
countries. The reports issued by the bureau are of great 
value n> those interested in education. The Commis- 
sioner has advisory power only, except in Alaska. Here, 
he directs the management of the schools. 

The Commissioner of Pensions supervises the examina- cnmmis- 

tion and adjustment of all claims arising under the laws Pension* 
of Congress granting bounty land or pensions on account 



254 



THE CABINET 



Commis- 
sioner of 
Indian 
Affairs. 



of services in the army or navy during the time of war. 
That our government has not been ungrateful may be 
gathered from the report of the Commissioner for 1908, 
There were in that year 1,000,000 pensioners, to whom 
were paid approximately $155,000,000. 

Prior to 1871 the Indian tribes were treated as inde- 
pendent nations by the United States, but by a law of 
that year the general government was made the guardian 
of their interests. The Commissioner of Indian Affairs 
exercises a protecting care over these "wards" by direct- 
ing the work of the Indian agents and of the superin- 
tendents of Indian schools. 



Indian 
reserva- 
tions. 



There are some 300,000 Indians on the 160 reservations which 
arc situated in the various States and Territories. The lands of 
these reservations arc held in common; thai is, the ownership 
is tribal rather than individual. It is the policy of the govern- 
ment, however, to bring about the allotment of land- "in 
eralty," and thus to encourage the Indians to adopt an agricul- 
tural life. The Indians are only partially self-supporting. Some 
tribes derive an income from funds which arc the proceeds de- 
rived from the sales and cessions of their lands. The National 
government holds this money in trust for them, and. by direct 
appropriation, supplies the money, food, and clothing necessary 
to complete their support. The expenditures for the needs of 
the Indians in 1902 were $9,736,186. Over one-fourth of this 
sum was spent in their education in Indian schools, numbering 
nearly 300, which are under the direct control of the department. 



Director of 
the 

Geological 
Survey. 



The Director of the Geological Survey has gathered 
much valuable information through the examination of 
the geological structure, mineral resources, and mineral 
products of the United States. He has charge, also, of 
the survey of the forest reserves. 



THE CABINET 255 



The Department oy AGRICULTURE 



The duties of the Secretary of Agriculture are: "To Becietuy 
acquire and diffuse among the people of the United States Agriculture 
useful information on subjects connected with agriculture 
in the most comprehensive sense of that word." The 

activities of the department are along many lines, as indi- 
cated by the names of the bureaus and divisions. 

One of its most important services is performed in the Bureau of 
Bureau of Animal Industry, which inspects the greater industry, 
part of the meat products exported to European countries. 
The law providing for this inspection was necessary he- 
cause of the claim in European markets that diseased meats 
were shipped from the United States. An inspection is 
also provided for live animals intended for exportation 
and of animals imported. Much scientific work is also 
devoted to the study of the various diseases of animal-. 

In like manner, the Division of Vegetable Physiology Division of 
and Pathology is engaged in the study of diseases affect- Physiology 
ing trees, and that of Entomology in the investigation of 
injurious insects. 

Continuous advancement is being made by the gov- 
ernment toward placing the agricultural pursuits upon 
a more scientific basis. Thus, Congress, in 1901, recog- 
nized the value of the work done by changing the Divi- 
sions of Forestry, of Chemistry, and of Soils into bureaus. 
A Bureau of Plant Industry was also formed. 

Over §100,000 are expended each year by the Division Drrioioa 
eds in the purchase of "rare and valuable" seeds, 
bulbs, and plants. These are distributed free through- 
out the country for the purpose of fostering the intro- 
duction of new and more valuable crops. 

Another important interest is carried on by the Office Pubik 
of Public Road Inquiries. Here experiments are made inquiries. 



256 



THE CABINET 



Weather 
Bureau. 



with regard to the best system of road-making and the 
best materials to be used for that purpose. 

Through the Weather Bureau daily forecasts and warn- 
ings of storms are sent to over 50,000 different points; and 
storm signals are displayed at 300 places on our coasts. 
By its operation, millions of dollars are saved each year 
to the agricultural and maritime interests of the country. 
A recent decree of the Post-Office Department renders 
the reports of the bureau of still greater service. Slij 
paper having the storm, frost, or other warnings printed 
on them are to be distributed by the rural mail carriers 
at the various houses in the districts affected. 



Secretary 
of 

Commerce 
and Labor. 



The Department or Commerce am> Labor 

Because of the nature of the subjects assigned to this 
new departmentj it will rapidly become one of the most 

important of the departments. At its head is a Secretary. 
Strictly speaking, there have been only two bureaus 
created for the department, the others having been trans- 
ferred from the other departments. The new bureaus 
are those of Corporations and of Manufactures. The 
Commissioner of Corporations is expected to investigate 
the organization, conduct, and management of the business 
of corporations and other combinations engaged in inter- 
state commerce, and to see that all anti-trust laws enacted 
by Congress are enforced. The duties of the Commit 
sioner of Manufactures, as defined by the law, are "k 
foster, promote, and develop the various manufacturing 
industries of the United States and markets for the same 
at home and abroad by gathering, compiling, publishing 
and supplying all available and useful information con- 
cerning such industries and such markets, and by such 
other methods and means as may be prescribed by the 
Secretary or provided by law." 



THE CABINET 257 

The President is given the power to transfer to the depart- 
ment those bureaus in other departments which are engaged 
in scientific or statistical work, the Interstate Commerce Com- 
mission and the scientific divisions of the Agricultural Depart- 
ment being excepted. The offices which have been transferred 
are as follows: the Bureau of Statistics; Census and Immigra- 
tion Bureaus; Bureau of Foreign Commerce of the State De- 
partment; the Bureau of Standards of Weights and Measures; 
Bureau of Navigation and the Shipping Commissioners; the 
Steamboat Inspection Service; Fish Commission; Coast and 
Geodetic Survey; and Lighthouse Board. 

The Chief of the Bureau of Statistics collects and pub- The Chief 
lishes the annual statistics on commerce.* These reports Bureau of 
are of such a character that they are invaluable to the 
President in the preparation of his messages; and they 
are used extensively by the Heads of Departments, mem- 
bers of Congress, and the public. Tariff laws, special 
legislation for particular industries, and all international 
trade treaties are also based on these compilations. The 
greatest demand is for the Annual Statistical Abstract, 
which presents in a condensed form the history of the com- 
merce of the United States for a number of preceding years. 

The Commissioner of Immigration superintends the TheCom- 

i t , i P . • -r» • missionei 

work done bv the inspectors ot immigrants. | hverv mi- ofimmi- 

, . . , ... , , gration. 

migrant must undergo a rigid examination in order to de- 

* Monthly reports are made by our Consuls on improvement B in agri- 
cultural and manufacturing processes. These reports also give information 
riing good markets for our products and of the best markets in which 
to purchase foreign products. Among scores of similar subjects, our Con- 
suls reported during one year on the following: Agricultural Machines in 
Russia; American Apples in France; American Boots and Shoes in New 
Zealand; Radium Industry; Wages and Cost of Living in Gc-rma: 

f During the year ending June 30, 1910, there arrived in the United 
States 1,041,570 immigrant aliens. This was an excess of 289,784 over 
the preceding year; 191.049 could neither read nor write; 223,453 were 
Italians; 128,348 were Polish; and the other chief nationalities in order 
of numbers were Hebrew, German, English, Scandinavian; 24.270 were 
denied admission at the ports: 15,927 of these were thought likely to be- 
come a public charge; 3,033 had some communicable disease; and 1,786 
were contract laborers. 



258 



THE CABINET 



termine whether he belongs to any of the prohibited classes. 
(See page 175.) It is also ascertained whether he is able 
to read and write and whether he has $50, or, if less, how 
much; 86 per cent, of all the aliens coming in 1910 had 
less than $50 each. Each immigrant pays a tax of four 
dollars, which sum is used to partially defray the expenses 
of the bureau. 



Additional 
commis- 
sions and 
boards. 



There have also been created at different times commissions 
and boards having executive functions, but which are not con- 
nected with any of the departments. They are as follows: the 
Civil Service Commission, described on p. 238; the Interstate 
Commerce Commission, described on p. 177; the Board on 
Geographic Names, and the Industrial Commission. Special 
officials and boards are in charge of the National Museum, the 
Bureau of Ethnology, the Library of Congress, the Government 
Printing Office, and the Smithsonian Institution. The Govern- 
ment Printing Office was established in 1S01. Facilities 
publishing the Congressional debates, reports of the executive 
departments, etc., have been greatly multiplied from year to 
year. Some 15,000 copies of the President's annual met 
and 12,000 copies of the abridgment of the message, 40,000 
copies of the report of the Commissioner of Education, 54,000 
of the Congressional Directory, and other reports in similar 
quantities are printed each year for free distribution. A large 
extension of the Government Printing Office was authorized in 
1900 and $2,429,000 were appropriated for that purpose. It is 
said that this extension will constitute it the largest and best 
equipped printing establishment in the world. 

In 1829, James Smithson, an English scientist, gave some 
$500,000 to the United States for the purpose of founding at 
Washington, "an establishment for the increase and diffusion of 
knowledge among men." The Smithsonian Institution is nota- 
ble because of its Museum, which offers scientists such excellent 
opportunities for original investigation. 



THE CABINET 259 

Supplementary Questions and References 

1. Does the President select the members of his Cabinet from 
amontr former members of Congress? Would this be desirable ? 

2. Have the members of the Cabinet ever been allowed to ap- 
pear before Congress in the interests of their own departments? 
Would this be desirable? Wilson, Congressional Government, 
27>7; Walker, The Making of the Nation, 92; Bryce, American 
Commonwealth, I, chapter 9; Atl. Mo., 65 : 771-772. 

3. Who are now the heads of the executive departments? 
Were they prominent in National affairs before they were selected 
for these positions? 

4. What reasons can you give for the belief that other depart- 
ments should be added to the Cabinet? 

5. Give a list of the Presidents who have been Secretaries of 
State. How do you account for this policy in the first years of 
our government, and not at a later time? Name some of the 
other prominent Secretaries of State. 

6. Who are our Ambassadors ? Can you give the name of any 
foreign Ambassadors in Washington ? See Congressional Direc- 
tory. 

7. The methods by which our ministers are selected, take 
possession of their offices, and are presented at foreign courts are 
described in Curtis, The United States and Foreign Powers, 
15-2L 

8. The duties of ministers. Curtis, The United States and 
Foreign Powers, 22-26. 

9. Ought our Ambassadors to be changed every four years? 
Our Need of a Permanent Diplomatic Service, Forum, 25 ; 702- 
711. 

10. Are our Ambassadors given adequate salaries? Diplo- 
matic Pay and Clothes, Forum, 27:24-32; Curtis, The United 

tea and Foreign Powers, 13-14. 

11. From a consular report learn what the duties of a Consul 
are. Curtis, The United States and Foreign Powers, 30-33. 

12. What ifl the Gieat Seal of the United States, and what Ls 
its use I Harrison, This Country of Ours, L99-200. 

13. What is the particular work of the Marine Department; 



260 THE CABINET 

of the Steam-boat Inspection Service; of the Marine Hospital? 
Lyman J. Gage, Organization of the Treasury Department, 
Cosmop., 25 : 355-365. 

14. What is the work of the Bureau of Engraving and Print- 
ing? Spofford, The Government as a Great Publisher, Forum, 
19 : 338-349. 

15. What is the extent of our Merchant Marine? Should it 
be increased? Statistical Abstract of the United States, 1900, 
437-450. 

16. From the last report of the Bureau of Statistics find an- 
swers for the following: The expenditures of the government in 
the different departments; in what branches there was a large 
increase in 1899; value of merchandise imported and exported; 
amounts of corn, wheat, cotton, woo], and iron produced, im- 
ported, and exported; the Chief nationalities of immigrants, and 
comparison of the total number with previous years. 

17. Are our coasts well defended? Harrison, This Country of 
Ours, 225. 

18. For illustrated articles on Education at West Point and 
Annapolis, see Outlook, 59 : 825-837; 839-849. 

19. How does the amount of money paid for pensions by the 
United States compare with that of other nations? Forum, 12 : 
645-651. 

20. Has the pension policy of our government been a wise one? 
N. Am. Rev., 153:205-214; 156:416-431; 618-630; Cen. 
Mag., 42 : 179-188; 790-792; 46 : 135-140; Forum, 12 : 423- 
432; 15 : 377-386; 439-451; 522-540. 

21. For accounts of the new Congressional Library, see Cen. 
Mag., 53 : 682-711; Atl. Mo., 85 : 145-158; Cosmop., 23 : 10-20. 



CHAPTER XXVI 
THE JUDICIARY 
Alexander Hamilton characterized the lack of a Lark of a 

a . . j ! ., (, , judiciary 

judiciary as the crowning detect or government under under the 
the Confederation. "Laws/' he wrote, "are a dead letter tion. The 
without courts to expound and define their true meaning No. 22. 
and operation." Judicial powers were vested in the Con- 
tinental Congress or in the agents of that body. The 
conviction that the Federal Judiciary should constitute 
one of three independent parts of the government was 
general in the Constitutional Convention, and after a brief 
discussion, this was provided for as follows: 

The judicial power of the United States shall be vested Article iir, 
in one Supreme Court, and in such inferior courts as the 
Congress may from time to time ordain and establish. The 
judges, both of the Supreme and inferior courts, shall hold 
their offices during good behavior, and shall, at stated tim 

for their services a compensation which shall not be 
diminished during their continuance in office. 

Congress carried out the provisions of this section by Judiciary 
pftgamg the judiciary act of 17X9. This act provided that 
the Supreme Court should consist of a Chief Justice and 
five Associates. District Courts and Circuit Courts were 
also created by it and their functions as inferior courts were 
defined. 

The Supreme Court, at piesept, consists of the Chief The 
Justice and eight Associate Justices. It holds one ,Crt m * 

sum annually, at Washington, beginning on the second 

Monday in October and rvin tinning until about May 1. 

261 



262 



THE JUDICIARY 



Circuit 
Courts of 
Appeals. 



District 
Courts. 



By the law of 1891, nine Circuit Courts of Appeals 
were established for each of which a Circuit Judge was 
provided. The Circuit Courts of Appeals consist of three 
judges each, any two constituting a quorum. The judges 
eligible to sit in one of these courts are: the Supreme 
Court Judge assigned to the Circuit, the Circuit Judges, 
and the District Judges of that circuit. 

The territory of the United States has been divided 
into judicial districts, none of them crossing State lines 
and each having a District Court. 



Congres- 
sional 
Directory, 
1911. 



New York and Texas have each four districts; Alabama, Penn- 
sylvania, and Tennessee three each; Arkansas, California, Flor- 
ida, Georgia, Illinois, Iowa, Kentucky, Louisiana, Mississippi, 
Michigan, Missouri, North Carolina, Ohio, Oklahoma, Virginia, 
Washington, Wisconsin, and West Virginia two each; and the 
remaining States have each a single district. New Mexico con- 
stitutes a district, likewise Alaska, Arizona, and Hawaii, (ien- 
erally there is a judge for each district, but a single judge is at 
times assigned to two districts. 



United 

States 

District 

Attorneys 

n-nd 

Marshals. 



A District Attorney and Marshal are appointed by the 
President for each District. The United States District 
Attorney is required to prosecute all persona accused of 
the violation of Federal law and to appear as defendant 
in cases brought against the government of the United 
States in his district. The United States Marshals, in 
general, perform duties connected with the enforcement 
of the Federal laws which resemble the duties of sheriffs 
under State laws. 



Circuit 
Courts. 



Established by the act of 1789, each Circuit Court was, at first, 
presided over by a Justice of the Supreme Court and a District 
Judge. The policy was to have as many Circuit Courts as there 
were Justices of the Supreme Court. It was not until 1869 that 
a Circuit Judge was provided for each of the nine circuits. By an 
act of 1911, in response to the agitation for a simplified Federal 
judicial system and greater expedition in the hearing of cases, 



THE JUDICIARY 263 

the Circuit Courts were abandoned, judges of these courts were 
transferred to the Circuit Courts of Appeals. 

The Court of Claims was established in 1855 and con- Court of 
Sists of a Chief Justice and four Associates. It holds an 
annual session in Washington. 

That the Judiciary should be independent of parties and of Term* and 
other influences cannot be questioned. Hence the wisdom of judge?. ° 
the provision that United States Judges shall hold their offices 
during good behavior and shall receive a compensation for their 
services which shall not be diminished during their continuance 
in office. The Constitution states that Judges of the Supreme 
Court shall be appointed by the President with the consent of 
the Senate. It has been interpreted that the Judges of the in- 
ferior courts are to receive their appointments in like manner. 

By an act of Congress of 1911, the salary of the Chief Justice 
was fixed at $15,000 per annum; that of Associate Justices, 
$14,500; and District Judges, $6,000. There is an allowance 
for expenses of judges not to exceed $10 a day. Any Judge who 
has reached the age of seventy years, and has served ten years, 
may retire on full pay for life. 

We are next to consider the jurisdiction of the sev- 
eral courts that have been described. 

The judicial power shall extend to all eases, in law and section 2. 

. . 7 , . ri . 7 , /• 7 clause 1. 

equity, anting under this Constitution, the laws of the 
United States, and treaties made, or which shall he made, 
under their authority; — to all eases affecting Ambassado 
oth rs and Consuls; — to all cases of admi- 

ralty and maritime jurisdiction; — to controversies to which 
(he Uni hall be a party; — to controversies be- 

a State and citizens 
of an of > nt States; — ; - 

'aiming lands under grants 
of d ■ the citizens th< \ - 

of and foreign si or subji 

In all <> other public mi' ' - B >n 2. 

ters and Consuls, and tho. nil be party, 



264 



THE JUDICIARY 



Bryce, 
American 
Common- 
wealth, I, 
237-240. 



Extent of 
the judicial 
power. 



the Supreme Court shall have original jurisdiction. In all 
the other cases before mentioned, the Supreme Court shall 
have appellate jurisdiction , both as to law and fact, with 
such exceptions, and under sucJi regulations as the Con- 
gress shall make. 

Speaking of the position of the Supreme Court in our 
judicial system, Air. Bryce says: 

"No feature of the government of the United States 
has awakened so much curiosity in the European mind, 
caused so much discussion, received BO much admiration 
and been more frequently misunderstood; than the duties 
assigned to the Supreme Court and the functions which 
it discharges in guarding the ark of the Constitution. " 

A careful consideration of clause 1 of this section shows 
the wide extent of the powers of the United St;it<v- Courts. 
It shows too the desirability of having all such cases under 
their jurisdiction rather than under the authority of the 
State courts. This jurisdiction applies to two class 
cases. One class has to do with the nature of the ques- 
tions involved, as in all those cases arising out of the 
Constitution, laws, and treaties of the United States, and 
admiralty and maritime cases. 'The other class of < 
arises because of the patties to the suits, as, Ambassadors, 
Consuls, two or more States, citizens of different States, etc. 



State as 
plaintiff. 
The Fed- 
eralist, 81. 



The provisions here made, that the judicial power shall extend 
to controversies between a State and citizens of another State, 
and between a State and the citizens or subjects of a foreign 
state, were doubtless intended to apply only to suits in which 
a State^should attempt, as plaintiff, to secure justice in a Federal 
Court. But, contrary to expectation, suits were early brought 
against some of the States by citizens of other States to enforce 
the payment of debts and other claims. In the notable case 
of Chisholm vs. Georgia in 1793, Chisholm, a citizen of North 
Carolina, began action against the State of Georgia in the Su- 
preme Court of the United States. That court interpreted the 
clause as applying to cases in which a State is defendant, as well 



THE JUDICIARY 205 

as to those in which it is plaintiff. The decision was received 
with disfavor by the States, and Congress proposed the Xlth 
Amendment to the Constitution, which was ratified in 1798 and 
reads as follows: 

The judicial power of the United States shall not be con- Amend- 
strued to extend to any suit in (aw or equity, commenced or 
prosecuted against one of the United States, by citizais of 
another State, or by citizens or subjects of any foreign state. 

The Supreme Court has original jurisdiction in "all original 
cases affecting Ambassadors, other public ministers, and appellate 
Consuls, and those in which a State shall be a party. " 
By original jurisdiction is meant that these cases may 
be begun in the Supreme Court. Other cases come to the 
Supreme Court from the inferior United States Courts or 
from the Supreme Courts of the States and Territories by 
appeal or by writ of error.* In these cases the Supreme 
Court is said to have appellate jurisdiction. 

It Ls difficult in brief space to define minutely the province 
of each court. The following accounts, therefore, give only a 
general description. 

The Circuit Courts of Appeals are given final jurisdiction in Jurisdic- 
certain cases appealed to them from the District, such as those {JSeiior 
arising under the patent, revenue, and criminal laws, as well afi 

\iralty and other cases in which the opposing parties to a Courts of 
are an alien and a citizen, or are citizens of different State-. 2(f§ta lutes 
The Supreme Court has thus been partially relieved from an at Large, 
over-crowded docket. But jurisdiction in these cases may be 
assumed by the Supreme Court if it deeirai to do so. 

The jurisdiction of the District Courts embraces criminal District 

bankruptcy proceedings, suite for penalties, Courts * 
and the li.ve. The jurisdiction of cases formerly in the Circuit 
Com 1 to tfae District Court- when the Circuit 

Courts were discontinued. These courts had original jurisdic- 

rit of error is defined to be "a proems which removes the record 
of one court to the possesion of anoth- the latter to 

the proceedings, and trive Buck judgment as its own opinion of 
the law and justice of the case may 



266 



THE JUDICIARY 



Court of 
Claims. 10 
Statutes at 
Large, 612. 



Territorial 
Courts. 



The right 
of jury 
trial. 



Section 2, 
clause 3. 



Amend- 
ment V. 



tion in patent and copyright cases; in cases brought by the United 
States against national banks; and in ordinary civil actions, 
where the amount involved, exclusive of interest and costs, was 
at least $2,000. Where the amount is less, the case must be 
tried in a State court. 

The Court of Claims is composed of a Chief Justice and four 
Associate Justices. Claims against the Federal government, 
pension claims excepted, are heard by this court. The judg- 
ments of the Court are referred to Congress and appropriations 
are made to cover them. 

The Courts of the District of Columbia and of the Territories 
are under the control of Congress, but are not Federal Courts. 
Judges of these courts are appointed in the same manner as other 
United States Judges, but their appointment is only for a term 
of four years. 

The right of trial by jury in all criminal cases bad 
been insisted upon by Englishmen for centuries prior 
to the formation of our Constitution. There were two 

branches to the system, the grand and the petit juries. 
Each performed the same duties as they do now. The 
Constitution provides that 

The trial of all crimes, except in cases of impeachment, 
shall be by jury, and such trial shall he held in the State • 
where the said crime shall hare been committed; but when 
not committed within any State, the trial shall be at such 
place or places as the Congress may by law hare directed. 

This clause was attacked by the opponents of the 
Constitution in the State conventions. It was believed 
that the Constitution did not furnish adequate safeguards 
against unjust prosecutions. Because of this agitation, 
Congress, in its first session, proposed the following Amend- 
ments, w T hich were duly ratified by the several States: 

No person shall be held to answer for a capital, or other- 
wise infamous crime, unless on a presentment or idict- 
ment of a grand jury, except in cases arising in the land 
or naval forces, or in the militia, when in actual service in 
time of ivar or public danger; nor shall any person be sub- 



THE JUDICIARY 207 

ject for the same offence to be twice put in jeopardy of life 
or limb; nor shall be compelled in an;/ criminal case to be 
a witness against himself nor be deprived of life, liberty, 
or property, without due process of law; nor shall private 
property be taken for public use, without just compensation. 

In all criminal prosecutions, the accused shall enjoy the Amend- 
right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime may hare been 
commmitted, which district shall hare been preciously ascer- 
tained by law, and to be informed of the nature and cause 
of the accusation; to be confronted with the witnesses against 
him; to hare compulsory process for obtaining witnesses in 
his favor, a?id to have the assistance of counsel for his de- 
fence. 

In suits at common law, where the value in controversy Amend- 
shall exceed twenty dollars, the right of trial by jury shall 
be preserved, and no fact tried by a jury shall be otherwise re- 
examined in any court of the United States, than according 
to the rules of the common law. 

Excessive bail shall not be required, nor excessive fines Amend- 
imposed, nor cruel and unusual punishments inflicted. 

Authorities have had difficulty in giving an exact defi- infamous 

crimes 

nition of an infamous crime. That given by Judge Coolev Cooicy. 

tt t€-n 1 • Principles 

is the most satisfactory. He says: But the punishment crfConsti- 

i. i • 'iii i • / i tutional 

ot the penitentiary must always be deemed infamous, and Law, 291. 
so must any punishment that involves the loss of civil 
or political privileges. " 

A errand jury consists of from twelve to twenty-three Grand 
men. "They are sworn to inquire and present all offences 
committed against the authority of the National govern- 
ment within the State or district for which they are im- 
panelled, or elsewheie within the jurisdiction of the Na- 
tional government. They >it in secret and no accusation 
can be made by them without the concurrence of at least 
twelve. After hearing the evidence, if the grand jury 



268 



THE JUDICIARY 



Rights of 

the 

accused. 



Right of 
eminent 
domain. 



concludes that the accusation is not true they write on the 
back of the bill, "not a true bill" or "not found." The 
accused, if held in custody, is then*given his freedom, but 
he may again be indicted by another grand jury. If the 
grand jury decides that the accusation is true they then 
write on the back of the bill, "a true bill" or "found." 
The indicted person must be held to answer the charges 
made against him.* 

The accused must be given a public and speedy trial 
before an impartial jury, known as the petit jury, con- 
sisting of twelve men from the district wherein the Clime 
was committed. The decision must be unanimous he- 
fore a verdict can be rendered. The accused is given a 
copy of the indictment in which the nature of the accusa- 
tion is clearly set forth and is granted time in which to 

prepare for his defence. Equally just and significant are 
the provisions that he shall he confronted by the witn< 
against him; may compel the attendance of witnesses in 
his favor; and may employ counsel for his defence. In 
case he is not able to pay for his own counsel the judge 
appoints one whose services are paid for out of the public 
treasury. If the verdict has been rendered by a jury and 
the judgment pronounced, the 1 accused cannot be again 
brought to trial on the same charge. 

The right of "eminent domain" is properly vested in 
the government. By this right private property may be 
taken for public uses after the payment of a just price. 
The rights guaranteed the accused by these Amendments 
are chiefly derived from the principles of the common law. 
(See p. 95.) 



Treason 
under the 
common 
law. 



Treason has always been regarded as one of the worst of 
offences and is punished by the severest penalties. Under the 
early common law, it rested with the judges to declare what acts 

* For the grand jury system of some States and definition of ijidict- 
merit and presentment, consult p. 63. 



THE JUDICIARY 269 

were treasonable. Judges became mere tools in the hands of 
despotic rulers and were induced to declare certain conduct 
treasonable which had not previously been so regarded. In the 
time of Edward III, the English Parliament attempted to pro- 
hibit these abuses by giving a definition o( treason. The sub- 
stance of two oi the five articles of this statute were made a 
part of our Constitution in the following: 

Treason against the United Stairs shall consist only in Article ill, 
h vying war against them or in adhering to their enemies, clause 1.' 
giving them aid or comfort. Xo person shall be convicted of treason 
of treason unless on the testimony of two witnesses to the 
same overt act, or on confession in open court. 

The Congress shall have power to declare the punishment Section 3, 
of treason, but no attainder of treason shall work corruption 
of blood or forfeiture, except during the life of the person 
attainted. 

Parties to a conspiracy cannot be considered traitors who are 
until they have actually assembled men for the carrying; rai ors * 
out by force of some treasonable purpose. "All persons 
who then perform any act, however minute, or however 
remote from the scene of action, and who are actually 
leagued in the general conspiracy, are to be considered 
traitors. And one is adherent to the enemies of the coun- £ . ole y. 

Principles 

try, and giving them aid and comfort, when he supplies ofConstitu« 

... . . ■ . tmnal Law, 

them with intelligence, furnishes them with provisions or 288. 
arm-, treacherously surrenders to them a fortress and the 
like." 

Supplementary Questions and Reteben 

1. What are the names of the members of the Supreme Court 
it present? essional Directory, 

2. How large is the district in which your home La located? 
Who arc the judges? See nonal Directory. 

3. Under what conditions may a case be appealed from the 
Supreme Court of the State to the Tinted States Supreme Court? 
Bryce, American Commonwealth, I, 232-234. 



270 THE JUDICIARY 

4. How is the fact, that conflicts between the authority of the 
Federal and the State Courts do not arise, accounted for? Bryce, 
I, 238. 

5. Are the United States Courts influenced in their decisions 
by politics? Bryce, I, 265-267. 

6. Describe the influence of John Marshall as Chief Justice. 

a. John Marshall, American Statesman Series, chapters 

10 and 11. 

b. Bryce, I, 267. 

c. Lodge, John Marshall, Statesman, X. Am. Rev., 172 : 

191-204. 

d. John Marshall, Atl. Mo., B7:328-341. 

7. Show how the development of our Constitution by interpre- 
tation has been brought about. Bryce, I, o76-3So. 



CHAPTER XXVII 

.RELATIONS BETWEEN THE STATES AND BETWEEN 
FEDERAL GOVERNMENT AND THE STATES 

Full faith and credit shall he given in each State to the Article IV, 
public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the 
manner in which such acts, records, and proceedings shall 
be proved, and the effect thereof. 

The citizens of each State shall be entitled to all the priv- Section 2, 
ileges and immunities of citizens in the several States. 

A person charged in any State with treason, felony, or Section 2, 

clmi^c 2 

other crime, who shall flee from justice, and be found in an- 
other State, shall, on demaiui of the Executive authority of 
the State from which he fled, be delivered up, to be removed 
to the State having jurisdiction of the crime. 

Xo person held to service or labor in one State, under the Section 2, 
laws thereof, escaping into another, shall in consequence of 
any law or regulation therein, be discharged from such 
servire or labor, but shall be delivered up on claim of the 
party to whom such service or labor may be due. 

The Constitution was intended to form a more com- state 
plete bond between the States. This union would he 
weakened and give rise to endless litigation and injus- 
weie the legislative acts, records, and proceedings 

of the courts of one Stale not given the same credit in 
every State as in thai where they originated. Legisla- 
tive BCtS are made authentic by having the State seal 

affixed. The record of a court is "proved" through the 

signature of the clerk and judge and affixing of the seal of 
the court where there i.^ one. 

271 



272 RELATIONS BETWEEN THE STATES 



Fugitive 
criminals 



Justice 
Miller on 
the Consti- 
tution, 637, 
638. 



Section 4. 
Protection 
of tne 
States by 
the Na- 
tional gov- 
ernment. 



Protection 

against 

invasion. 



Extradition is the delivering up to justice of fugitive 
criminals by the authorities of one State or country to 
those of another. The necessity for such a regulation is 
evident, for a criminal from justice might easily escape 
into a neighboring State. "The responsibility of deter- 
mining whether the person demanded is a fugitive from 
the justice of the demanding State rests with the Executive 
of the State or Territory in which the accused is found. 
The case of the demanding State should be presented in 
some official form; either by official copy of an indictment, 
or by a complaint under oath. The right to demand sur- 
render and the obligation to comply with the demand ex- 
tend to all crimes and offences made punishable by the 
laws of the State where the oU'ence was committed; but if 
the Governor of the State in which the accused is found 
refuses to surrender him he cannot, through the judi- 
ciary, be compelled to deliver him up." The privilege 
of extradition between nations is secured by treaty re- 
lations. 

The United States shall guarantee to every State in this 
Union a republican form of government, and shall protect 
each of tli em against invasion; and on a }) plication of the 
legislature, or of the executive (when the legislature cannot 
be convened), against domestic violence. 

It was natural that the Constitution should guarantee 
to the States the form of government with which the 
framers of that instrument were most familiar and which 
would be most in keeping with the Federal union they 
hoped to see established. 

Any protection afforded a State against invasion sig- 
nifies the protection of the Nation. Since the States are 
forbidden to keep troops and ships of war in time of 
peace, they must, if invaded, be dependent upon the gen- 
eral government. In such a case the President has been 
authorized by law to use the army and navy of the United 



RELATIONS BETWEEN THE STATES 273 

States, or call the militia into service, to furnish the needed 
protection, even if the State has not applied for aid. 

Each State is supposed to possess the power of enforc- Protection 
ing its own laws, and is of right protected in the exercise domestic 

. i . T » « i n> violence. 

of this prerogative. In case ot an insurrection, the State 
militia is sent by order of the Governor to suppress it. 
But should they fail to restore order, the legislature, or 
the executive (when the legislature cannot be convened), 
applies to the President for military aid. If the uprising 
has interfered in anv way with the carrvino* out of the laws 
of the Nation, the President may, at his discretion, send 
troops to suppress it without having been asked to do so 
by the legislature or the Governor. There was a notable 
illustration of this point during the time of the Chicago 
riots, in July, 1S94.* 

* See American History, p. 493. 



CHAPTER XXVIII 



TERRITORIES AND PUBLIC LANDS 



The 

Northwest 

Territory. 



The power 
to govern 
Territories. 



Article IV, 
section 3, 
clause 2. 



When the Constitution was adopted, the National gov- 
ernment possessed a vast tract of land lying north of 
the Ohio River and extending to the Great Lakes and 
the Mississippi River.* This region had been owned by 
several of the original States (riz., Massachusetts, Con- 
necticut, New York, and Virginia); but their claims were 
conflicting and each finally agreed to cede its portion 
to the general government. This occurred during the 
period of the Confederacy. Although entirely without 
legal authority to do so under the Articles of Confedera- 
tion, Congress established a Territorial government for 
the "Territory of the United States lying north and west 
of the Ohio River/' by the enactment of the Ordinance 
of 1787. The first Congress under the Constitution re- 
enacted this Ordinance, and thus entered at once upon 
the government that it has since maintained over the 
Territories of the United States. Congress exercises this 
power by virtue of the authority expressly delegated to it 
in the following clause. 

The Congress shall hare power to dispose of and make 
all needful rules and regulations respecting the territory or 
other property belonging to the United States; and nothing 
in this Constitution shall be so construed as to prejudice any 
claims of the United States, or of any particidar State. 

First the Northwest Territory, and later the various 
parts of it (Ohio, Indiana, etc.), were governed as Ter- 

* For a fuller treatment of the topics that follow, see American His- 
tory, 184-190. 

274 



TERRITORIES AND PUBLIC LANDS 275 

ritories; afterwards, when the Louisiana purchase, the 
Mexican cession, and the Oregon region were acquired, 
Territories were organized there. The Territorial form of 
government was an intermediate stage preparatory to the 
admission of new regions as States. 

The government of Hawaii corresponds in most re- Territorial 

. . . . form of 

spects to that which existed almost since the foundation of govern - 

inent. 

the government in the continental Territories. The execu- 
tive is a governor appointed for four years by the President, 
who also appoints a Secretary. The administrative officers 
— Treasurer, Auditor, Attorney-General, Superintendent of 
Instruction, and others — are appointed by the Governor 
and Senate of Hawaii. The judiciary consists of judges ap- 
pointed by the President. The Territorial legislature has 
two houses, the Senate and the House of Representatives, 
the members of which are elected, from districts, by popu- 
lar vote. The legislature resembles a State legislature in 
its control of Territorial affairs; but its laws may be 
modified or entirely annulled by Congress. In this way 
Congress maintains its complete authority over the inter- 
nal policy of the Territory. The people have no voice in 
National a i Fairs, but they elect a delegate to Congress, who 
may debate but not vote. 

Alaska ifl regarded as an "unorganized territory." The execu- Alaska. 
are the Governor, Attorney-General, and Surveyor- 
General, the last acting aa Secretary of the Territory. The 
judiciary te of three district judges. All these offio 

ointed by the President and Senate. There is no legis- 
lature. Congress enacted, in 1900, a complete code of civil laws 
for Ala- 
in the government of Porto Rico, the President appoints the Pbrto 
-nor and administrative officers. The lower house of the J ' 1,u ' 

elected, while a part of the members erf the upper 
elected and a part are appointed hy the President. 
The government of the Philippine Islands resembles that of The Phil- 
■ Rico. There is a Commission of nine members: the 1I)plIied * 

Governor, four heads of department-. (Americans) and four lili- 



276 TERRITORIES AND PUBLIC LANDS 



The 

Panama 
Canal Zone. 



Cuba. 



pinos. All are appointed by the President, with the consent of 
the Senate. This Commission constitutes the upper house of the 
legislative body; the lower house or assembly is elected from 
certain districts of the Islands where the people are considered 
capable of political action. Qualifications for voting include 
both property and literary tests, either English or Spanish being 
accepted in the latter case. 

The entire group of islands is divided into provinces. In some 
of these the people exercise local self-government; in others 
there is military government under the United States army. 
In many cities the government is similar to that in American 
cities. 

The United States owns scattered islands, Tutuila of the 
Samoan group,* Guam, Midway, Wake, and others, which have 
no regularly organised governments. 

The Panama Canal Zone t w governed by the Isthmian (anal 
Commission, consisting of Beven men appointed by the Presi- 
dent. The Commission has charge of the construction of the 
canal, and to one of the Commissioners is given the duty of 
governing the Zone. The Commission is subordinate to the 
Department of War at Washington. 

Cuba is not a possession of the United States but may be re- 
garded as a dependency. Our government is given the right 
(by treaty with Cuba) io take control of Cuban affairs under 
certain circumstances, as when foreign troubles, disorder in 
Cuba, or financial difficulties make it necessary. This was done 
in the years 1906-1909. Cuba is a Republic in government. 



The power 
to acquire 
territory. 



By what authority has the United States acquired the 
territory that was not in its possession in 1789? This 
question, arising for the first time in connection with 
the Louisiana purchase, was of vital importance. It has 
been argued that section 3 of Article IV applies only to the 
territory belonging to the United States at the time of the 
adoption of the Constitution; and that, consequently, ac- 
quisitions were made not by virtue of any power dele- 
gated to the United States in the Constitution, but rather 
by virtue of the fact that the United States is a nation, 



* See American History, 504. 



t Ibid., 516. 



TERRITORIES AXD PUBLIC LANDS 277 

and so entitled to exercise this sovereign power as any 
other nation might. But it is not necessary to make this 
contention. There is the highest authority, the Supreme 
Court speaking through its greatest Chief Justice, for hold- 
ing a different view. This is found in a decision of Chief 
Justice Marshall, who said, "Hie Constitution confers 
absolutely on the government of the Union the powers of 
making war and of making treaties; consequently, that 
government possesses the power of acquiring territory, 
either by conquest or by treaty. " 

The circumstances attending the acquisition of Porto The power 

Rico and the Philippines, and the peculiar character of in 
■ • • « «• . /-« • • i i governing 

their inhabitants, gave rise to grave Constitutional prob- Territories 

. i . i r tt • i o anc * P° ss es- 

lems concerning their government by the Inited states, sions. 
Similar questions had previously arisen in relation to the 
government of the Territories, especially questions in- 
volving the power of Congress over slavery.* After the 
Spanish war the power of the Federal government in the 
new acquisitions was determined by a series of decisions 
rendered by the Supreme Court in the "Insular Cases." 
In brief, the court decided that our Territories and pos- 
sessions "belong to" but are not a "part of" the United 
StaK-. Their inhabitants are not citizens of the United 
States until made so by act of Congress. Congress is 
unrestricted in its power of legislating for the Territories 
and possessions by provisions of the Constitution. For 
example, the provision that all duties shall be uniform 
throughout the United States does not apply to the in- 
sular possessions. Tariffs have been levied against goods 
coming into the United States from them. So Congress 
has practically a free hand in determining what laws and 
forms o _ rnment are best adapted to the people of 
our possessions. [tS policy so far has been to allow self- 
government to the extent that the people seemed ready for it. 
* See American History, 333, 360, I 



278 TERRITORIES AND PUBLIC LANDS 



The. 
admission 
of Terri- 
tories to 
statehood. 



Article IV, 
section 3, 
clause 1. 



The power 

of 

Congress. 



We have so far considered the Territories as in a state 
of greater or less dependence upon the National govern- 
ment. Under what conditions and in what way may these 
relations be changed? The admission of Territories into 
the Union as States was contemplated before flic adop- 
tion of the Constitution, for the Ordinance of 1787 pro- 
vided that the Northwest Territory should be divided into 
States, and these were guaranteed admission into the 
Union. Doubtless, the 1 miners of the Constitution re- 
garded statehood as the ultimate destiny of all territory 
then belonging to the United States, This idea became 
the policy of the government in its treatment of the Loui- 
siana purchase and the Mexican cession. In the cas< 
Alaska, and especially since the addition of the insular 
possessions, questions have arisen regarding the policy 
that LS to be pursued. Are Hawaii, Porto Rico, and the 
Philippines ever to be erected into States! Or, are they 
ultimately to be granted their independence! if they de- 
sire it?" 

That the power to admit States belongs exclusively to 
Congress is evident from the language of the Constitution* 

New States may he admitted by the Congress into this 
Union; but no ncir State shall he formed or erected within 
the jurisdiction of any other State; nor sliall any State he 
formed by the junction of tiro or more States, or parts of 
States, without the consent of the legislatures of the States 
concerned, as well as of the Congress. 

A Territory cannot claim admission as a Constitutional 
right if Congress finds obstacles that seem to it insuper- 
able. Nor is there any rule as to the population that a 
Territory should have before admission. Congress has 
often been guided in the exercise of this power by political 
considerations alone. 

After a Territory has applied for admission into the Union, 
two different methods have been pursued to complete the proc- 



TERRITORIES AND PUBLIC LANDS 270 

ess. (1) Congress has passed an ''enabling act"; the Territory Methods of 
then framed a constitution, which was submitted to Congress states!" 1 * 
for approval. (2) The Territory has frequently taken the first 
step by electing a convention which framed a constitution; with 
this in hand, the Territory then applied to Congress for admia- 
.. In either case, before giving its approval to the admis- 
aee that the constitution submitted 
contains nothing that is inconsistent with a republican form of 
government. (See p. 272. N In addition, Con<ires< has sometime- 
required the Territory to conform to certain conditions respect- 
ing boundaries, lands, and other matters. 

The " territory and other property belonging to the Western 
United States'' (see p. 274) includes more than the govern- 
mental divisions called "Territories" and "possessions." 
The United States owns vast tracts of land that are situ- 
ated not only in these Territories but also in many of the 
States. This land is regarded as property or public do- 
main, and its disposition falls within the power of Con- 
gress under the clause a part of which has just been quoted. 

In the years following the adoption of the Constitu- 
tion, North Carolina, South Carolina, and Georgia fol- 
lowed the example of the Northern States and ceded to 
the general government their claims upon territory ex- 
tending westward to the Mississippi River. This was 
the region where the States of Tennessee, Alabama, and 
Mississippi have since been formed. As the United States 
came into | ffl of the western territory, all unoccu- 

pied lands * (except certain portions reserved by the origi- 
nal States for their own use) became the property of the 
National government. The same IS true of all unoccu- 
pied lands in the Louisiana purchase and in all subse- 
quent acquisitions of territory. So that the United States 

ha- become the possessor of many millions of acre-. I 

* By this is meant lands not then in I rion of Euroi>. 

Indian claim I ri- 

ment; it acquired full title fro: or by 

conquest. See Am- I 174. 






Govern- 
ment 
survey. 



280 TERRITORIES AND PUBLIC LANDS 

policy in dealing with this vast property has been of the 
greatest consequence in our history. 

In the thirteen original States there was no uniform 
system of land survey, but each tract of land was sur- 
veyed as necessity required, generally after settlement 
had been made upon it. The tracts were of very irregu- 




lar shapes. The boundary lines, usually starting from 
some natural object, were measured by rods or chains, 
running in certain directions as ascertained by the use of 
the compass. This method of survey is still in use in the 
Eastern States. According to a law of 17S5, a uniform 
system of "rectangular" survey was applied to all lands 
belonging to the United States.* This survey has pre- 
ceded settlers and has to some extent influenced the meth- 

* American History, 1S8. 



TERRITORIES AXD PUBLIC LANDS 2S1 

od of settlement and the nature of local government 
throughout the West. The lands surveyed have been di- 
vided into townships six miles square. For the boundaries 
of townships the law requires the use of north-and-south 
and east-and-west lines. To secure starting, points from 

Figure 1. 





r 












i 


i 




J 








7 


B 




i 


I 






6 


5 










1 1 Co, 


-recti 


5 

m 


S 


Line 














U 


'a 
ft 
8 
















3 


g 

r 










1 1 






c 












k 


m 


n 


R.I 1 
\v. 


R.J 

E. 


a 


ni 


IV 


I 






Ba& 


t 








Li 


ne 





which to run these lines, it was necessary to designate 
certain meridians as Principal Meridians and certain par- 
allels as Base Lines. 

The map indicates the location of Principal Meridians 
and Base Lines in the States north of the Ohio River. 
Starting, then, from any Principal Meridian, the tier of 
townships directly east is called Range I; the other 
ranges are numbered easi and west of that Meridian. 
Counting also bom the Base line, the townships are num- 
bered 1, 2j 3j etc., both north and south. It thus be- 
comes possible to locate precisely any particular township 
by a simple description: e. g. t township 5 north, Range 

VII east of the gist Principal Meridian. 

The converg meridians causes the townships to 



282 TERRITORIES AND PUBLIC LANDS 



become less than six miles wide from east to west as the 
survey proceeds northward from any Base Line. This 
necessitates the running of standard parallel lines, 01 
correction lines, at frequent intervals to be used as new 
Base Lines. 

To still further facilitate the sale and description of 
lands the law provides for exact methods of subdividing 

Figure 2. — Six Miles Square. 



Figure 8— One 
Mill BqUARB. 



6 


5 


4 


3 


1 


7 


8 


9 


10 


11 12 


18 


17 


16 


15 


14 


13 


19 


20 


21 


22 


28 24 


30 


29 


28 


27 


86 


25 


31 


32 


33 


34 


35 


36 



NWi 


NiNEi 


ISEi 


Si 



the township into sections, one mile square, numbered 
as in Figure 2. 

Each section is subdivided into rectangular tracts known 
as halves, quarters, half-quarters and quarter-quarters. 

The designations of these divisions arc by abbreviations 
and fractions. (See Figure 3.) The number of acres in 
each tract is easily computed. 

The rectangular system of survey has been a great aid 
in the subdivision and location of farm lands; it greatly 
reduces the number of boundary disputes; it determines 
very largely the location of country roads. Moreover, the 
Congressional township has become, in a great many 
instances, the area within which the political township or 



TERRITORIES AND PUBLIC LANDS 283 

town has been organized. This town, however, need not 
coincide with the Congressional township; it may be 
greater or smaller in area. 

Upon the admission of Territories into the Union, the Land 
ownership of the public lands does not pass to the new made to 
States, but remains with the National government. The 
States cannot interfere with the disposal of this land, nor 
can they tax it. On the other hand, the National govern- 
ment has pursued a most liberal policy in making grants 
of land, in large tracts, to the States for various purposes. 
This is the way in which the school lands of the States 
were acquired. (See pages 81-82.) Swamp and saline 
lands, besides other tracts, have been freely given to States 
to aid in the construction of roads, canals, and other public 
improvements. 

But the largest part of the Nation's domain has been The sale of 
retained and sold or given away by the government to lands, 
land companies, railroad companies, and settlers. At 
present, land may be obtained through the General Land 
Office (Department of the Interior) either by direct pur- 
chase or under the homestead laws. 

re 1820, the minimum price of land was &2.00 per acre; 
the price was then reduced to SI. 25. Some lands may still be 
purchased at that rate, while others are held at $2.50 per acre. 
The public domain of the United States open to settlement com- 
L910 711,986,409 acres. This does not include lands 
and in our new insular possessions. The great- 
part of these land- are situated in the Rocky Mountain and 
Paci : ind Territories; a large Bhare arc arid and 

can be brought under cultivation only by irrigation, if at all. 

Under the homestead law, "any citizen of the United States, Thehome- 

K t ( ' ' I ( 1 1*1 \V 

or any person who has declared his intention of becoming such. 

who is the head of a family, or hafl attained hlfl majority, or has 

Ved in the army <»r navy in time Of war. and ifl not already 

the proprietor of more than lot) acre- of land in any State or 

Ter rit or y , La entitled to enter a quarter section ( 160 acres I, or any 
imounl of unappropriated public land, and may acquire 






284 TERRITORIES AND PUBLIC LANDS 



Railroad 

land 

grants. 



Arid lands. 



Various 
reserva- 
tions. 



title thereto by establishing and maintaining residence thereon, 
and improving and cultivating the land for a period of five years."* 

Many of the Western railroads (notably the Northern Pacific, 
Union and Central Pacific, and Southern Pacific) have been given 
immense tracts of land, amounting in the total to more than 
150,000,000 acres. These grants consist of alternate sections 
lying within wide strips that cross the western part of the coun- 
try, along the lines of the several railroads. A considerable part 
of their land has been sold by the railroad companies to actual 
settlers. 

A large part of the public domain La arid. In 1902, Congress 
enacted a law providing that the proceeds from the sales of pub- 
lie lands in certain State- and Territories should be expended by 

the National Government in the construction of irrigation works. 

The establishment of thifl policy marks an era in the develop- 
ment of our Western States. Under this law great irrigation 
dams, reservoirs, and canals have been constructed and large 
areas of public land are being made cultivable arid are being sold 
to settlers. Some of the States are following the same policy, 
while others are draining swamp lands. 

Many large tracts of land have been retained by the general 
government as reservations; these are not open to settlement. 
The forest reserves are intended as a protection for the sources 

of great rivers. Several National parks (including the Yellow- 
stone and the Yosemite) preserve, for the common good of all, 
regions of great scenic beauty and scientific inten rvoir 

sites have been reserved in several localities, with a view to the 
establishment of future irrigation systems, (ireat tracts of land, 
located in many States, are preserved as Indian reservations. 
Military reservations comprise the tracts lying adjacent to West- 
ern military posts. 



Checking 
the waste 
of natural 
resources. 



The policy of our Government in granting and selling 
its public lands has greatly aided Western settlement, 
but it has been accompanied by enormous waste and 
much fraud. Individuals and corporations have acquired 
la roe tracts and have held them for speculative purposes. 
Moreover, little attention was paid until recent years to 
the other resources of the land besides the soil — timber, 



* American History, 3S9, 441. 



TERRITORIES AND PUBLIC LANDS 285 

minerals, and water-power sites. Great tracts of forests 
have been destroyed by fire, timber has been wastefully 
cut, and other large tracts have come into private hands, 
while the supply of timber in the country is rapidly dimin- 
ishing. Hence Congress has begun the policy of setting 
le forest reservations. These not only conserve the tim- 
ber, but also help to regulate the flow of rivers. Thus the 
the washing of soil from hill-sides i^> checked. 

Mineral deposits on public lands are no longer to be 
sold at low prices with the land. Such land may be with- 
drawn from entry, and the deposits may later be leased to 
individuals for working upon the payment of a royalty to 
the Government. Water-power sites are also being with- 
drawn from sale, and the Government should in the fu- 
ture prevent their falling permanently into private hands; 
for the gradual exhaustion of our coal supply will render 
water-powers of increasing value. 

The fundamental principles involved in the policy of The policy 
nation * are two: (1) The people should derive just ration, 
compensation for the sale of the public natural resources, 
and they should retain ownership of such as may become 
monopolies; (2) it is the duty of the present generation to 
(arc for the welfare of future generations by conserving, 
rather than allowing the waste of these natural resour* 

The conservation movement was given impetus by President thp 

Roosevelt wh . Terence of Governors, which ' 

rrence, 

fbst in 1906 and again in 1910. The continuance of tin 

v result in their havi: Influence Over State 

an«l may become in reality a part 

of our government, though enti authority of law 

or Constitution. 

* For facts concf-rnin^ tl in thifl direction, see p. 

88. See. 



286 TERRITORIES AND PUBLIC LANDS 



Supplementary Questions and References 

1. What were the circumstances under which the Northwestern 
States ceded their lands? Hart, Formation of the Union, 107- 
109; Fiske, Critical Period, 187-199; Hinsdale, Old Northwest, 
chapters 11-14. 

2. What wen* the admirable features of the Ordinance 
1787? Walker, 39-40; Fiske, Critical Period, 203 207; Hins- 
dale, Old Northwest, chapters 15-16. The Ordinance itself 

is found in Old South Leaflets, \o. 13. 

3. By which method is the land of your State surveyed? 
Obtain the surveyor's description of a piece of land in your 

locality. What States do not have the United States survey? 

Why not? Are there reservations in your State? The map 
published by the General Land Office shows, in detail, I 

cipal Meridians, Base Lines, land offices, and reservations. 

I. Wanted: A government for Alaska. Outlook, 94 : 431- 
440. 

5. The first Filipino assembly and its work. N Am. 1; 
188 : oiM -:)_>:>; Outlook, ss : L75-179. 

G. The present government and the future of the Philippines. 
World's Work, 16: 10655-10656; Outlook, 90:450-456; 91 : 
75-82. 

7. Preparing the Moros for government Atl. Mo., !>7 •. 
385-394. 

8. Fortifying Panama Canal. Rev. of R's, 39 : 732-733. 

9. What is the matter with our land laws? Atl. Mo., 102 : 
1-9. 

10. National irrigation projects. Indept., 62 : 1079-lOSo; 64 : 
1172-117S; Rev. of R's, 37 : 6S9-698. 

II. Uncle Sam's wood lot. Indept., 64 : 1374-1377; Forest 
Reserves, ibid., 60 : 667-671; Timber Frauds, World's Work, 
15 : 9588-9593; National Forestry, ibid., 15 : 9739-97o7. 

12. Conservation. Atl. Mo., 101 : 694-704; Indept., 64 : 
946-952; Outlook, 87 : 291-294; 93 : 770-772; Rev. of R's, 
37 : 585-592; 39 : 317-321. 

13. Government control of water power. Outlook, S s : 582- 



TERRITORIES AND PUBLIC LANDS 287 

Re*, of R's, 41 : 4" :Mic Coal lands, Rev. of R's, 35 : 

303-304. 

14. The Governors' Conference. Indept., 64 : 1374-1377. 

15. Relations with Cuba. American History, .503-504. 
^liat, if any, organized Territories exist on the continent? 

What were the last Te: be mad- S 



CHAPTER XXIX 
AMENDMENTS TO THE CONSTITUTION 



Article V. 



Methods of 
proposing 
amend- 
ments. 



Ratifica- 
tion of 
amend- 
ments. 



As already noted, it was practically impossible to 
amend the Articles of Confederation. The conviction 
was general, therefore, in the Constitutional Convention 
that some plan should be adopted by which the Consti- 
tution might be made to conform to the requirements of 
future conditions, as well as guard against changes too 
easily secured. Article V provides for amendments as 
follows: 

The C'ongress, ivhenever tiro-thirds of bofJi houses shall 
deem it necessary, shrill propose amendments to tfi is ('on- 
sfifntion, or, on the application of the legislatures of t,e<>- 
thirds of the several States, shall call a convention for pro- 
posing amendments, which, in either ease, shall he valid to 
all intents and purposes, 'as part of this Constitution, when 
ratified by the legislatures of three-fourths of the m 
States, or by eonventions in three-fourths thereof, as tlie 
one or the other mode of ratification may be proposed by 
the Congress; provided . . . that no State, without its eon- 
sent, shall be deprived of its equal suffrage in the Senate. 

Amendments to the Constitution may thus he proposed 
in two ways: by a vote of two-thirds of both houses or by 
a National convention called by Congress for that purpose 
on the application of two-thirds of the State legislatures. 
The convention method has never been used in proposing 
amendments to the Constitution. 

Amendments may also be ratified by either of two meth- 
ods: by the legislatures in three-fourths of the several 
States, or by conventions in three-fourths thereof. When 

288 



AMENDMENTS TO CONSTITUTION 289 

Congress has proposed an amendment, it has designated 
that the ratification should he by the State legislatures. 
The method used in proposing and in adopting amend- 
ments seems the \)v>t, for the bodies called upon to act may 
he easily summoned. 

The most permanent part of the Constitution was se- Permanent 
cured through the provision that "no State, without its theConsti- 
consent, shall be deprived of its equal suffrage in the 
Senate." 

One of the chief arguments against the Constitution was Bill of 
that it did not contain a Bill of Rights, and consequently 
it was asserted that the rights of the individual citizen 
could not be maintained. As already noted (p. 11G), 
some of the States were induced to ratify the Constitu- 
tion, even with this omission, providing they were given 
the privilege of recommending amendments. One hun- 
dred and eighty-nine propositions in the nature of amend- 
ments, many of them being repetitions, were presented by 
the various States to the first Congress. Seventeen amend- 
ments, largely selected from these, were proposed by the 
House of Representatives. Twelve were agreed to by the 
ate and ten were ratified by three-fourths of the State 
Matures. The first ten amendments are frequently re- 
ferred to, therefore, as "The Bill of Rights. " 

More than 1,700 amendments to the Constitution have been Number of 
proposed in an official way. Nineteen of these have been pre- 
sented to the State legislatures for ratification and fifteen only- 
have received the requisite three-fourths vote These amend- 
ment- L .: the same force as the original Constitution, 

Congress shall make no law respecting an establishment Amend- 
of religion, or prohibiting the free exercise thereof; or Freedom of 
abridging (he freedom of speech or of the press, or (he right speech"' 

of (he peopU peaceably to assemble, and is petition the (joe- tioomMj- 
ernmrnt for a of gri&VOfU 



amend- 
ments. 



290 AMENDMENTS TO CONSTITUTION 



Amend- 
ment II. 
Right of 

keeping 

militia. 



Amend- 
ment III. 
Quartering 

of soldiers. 



Amend- 
ment IV. 
General 
warrants. 






The religious intolerance characteristic of the colonies and 
the presence of so many different sects doubtless led to this de- 
cree, by which the National government should be forever free 
from the disturbances which would follow should Congress have 
been given the right to set up a National religion. Our govern- 
ment, unlike that of many European nations, grants the gre; 
liberties, provided it can be shown that what was said or pub- 
lished was true and the facts were made known with good mo- 
tives and for justifiable ends. After many contests in TOngliah 
history, the " right of petition" was finally assured in the Decla- 
ration of Rights of 1688. The principle was reasserted in many 
of the State constitutions, and. although inherent in a republi- 
can form of government, it was thought desirable to establish 
the right by making it a part of the Constitution. 

A weH-regvlated militia being necessary to the security 

of a free State, the right of the people to l:eep and hear arms 

.shall not he infringed. 

The necessity tor having a militia has been referred to 
on page 202. Fear of a monarch was genuine, and it was 
believed that the militia would form a ready defence 
against any usurpation of power on the part of the Presi- 
dent. 

No soldier shall, in time of peace, he quartered in any 
house without the consent of the oiener, nor in time of WOT, 
hut in a manner to he prescribed by law. 

The English authorities maintained the right of "bil- 
leting soldiers" upon the colonists in time of peace, and 
this grievance was one of the causes of the American 
Revolution. It was maintained that "a man's house is 
his castle," and that he was justified in resisting all in- 
trusions of this nature. 

The rigid of the people to he secure in their persons, 
liouses, papers, and effeefs against nnreasonahle searehes and 
seizures, shall not he violated, and no warrant shall issue 
but upon probable eause, supported by oath or affirmation, 
and particularly describing the place to be searched, and the 
persons or things to be seized. 



AMENDMENTS TO CONSTITUTION 291 

This Amendment, like the preceding, grew out of the 
desire to check any tendency on the part of the govern- 
ment to trample on the rights of personal liberty and 
private property. It was believed that the English au- 
thorities had disregarded these rights when they issued 
and strove to enforce the carrying out of the obnoxious 
Writs of Assistance.* 

The enumeration in the Constitution of certain rights Amend- 
shall not be construed to deny or disparage others retained Rights' ' 

7 retained by 

01/ the people. the people. 

Many clauses of the Constitution have in them an enu- 
meration of certain personal rights retained by the people. 
Among these rights are the privileges of the writ of habeas 
corpus and of the right of trial by jury. Since all personal 
rights could not be thus enumerated, Amendment IX was 
evidently intended to apply to those not so designated. 

The powers not delegated to the United States by the Con- Amend- 
stitution, nor prohibited by it to the States, are reserved to Powera ' 

7 , 7 7 reserved to 

the States respectively , or to the people. the states. 

A motion was made when this Amendment was being 
discussed in Congress that the words "expressly dele- 
gated" be used. It was made to appear in the discus- 
sion that the Amendment, as given, was intended as an 
interpretation of the Constitution, and that, since it was 
impracticable to enumerate all of the powers of the gen- 
eral government, some must of necessity be implied. (See 
pp. i ) 01-205.)t 

The Emancipation Proclamation granted freedom to 
all the slaves in the States then in rebellion. Delaware, 
Kentucky, Tennessee, Missouri, Maryland, and parts of 
Virginia and Louisiana do not appear in this Y\M. Slaves 

* Arnf-ndrnf-nt- V, VI. VII, and VIII liav.- beefl dfacUMtd und^r the 
Judiciary, on pp. 264 
tAmen/lrrK-m XI lias been taken up under the Judiciary, pp.264-266; 

Amendment XII ha- I hdeied in Hill III HfllMI with the election of 

.lent and Vlce-Piealdeiit, pp. -. 



293 AMENDMENTS TO CONSTITUTION 

were held in these States, and slavery still had a legal 

right to exist in them. Congress desired to settle the 

question, and February 1, 1865, proposed the XHIth 

Amendment to the Constitution. 
Amend- Neither slavery nor involuntary servitude, except as a 

section i. ' punishment for crime whereof the party shall liave beat 

duly convicted, shall exist within the United States, or any 

place subject to their jurisdiction. 
Section 2. Congress shall have poxcer to enforce this Article Ly ap* 

propriate legislation. 

The wording of the Amendment is almost the Ban* 

that which pertains to slavery in the Ordinance for the 

Northwest Territory of 17S7 and the WUmot Proviso. 
After it was ratified by sixteen free States and eleven 
of the former slave-holding States, the requisite thu 
fourths, Mr. Seward, then Secretary of State, declared it 
to be a part of the Constitution of the United States, 
December 18, 1865. 

Amendment XIV was proposed by Congress, June 10, 
1866, as a part of the general plan for Reconstruction. 
The Southern States were not to be regarded as a part 
of the Union until they should ratify it. 
Amend- All persons born or naturalized in the United States, 

section i. ' and subject to the jurisdiction thereof, arc citizen* of flic 
United States and of the State wherein they reside. No 
State shall make or enforce any law which shall abridge 
the privileges or immunities of citizens of the United States; 
nor shall any State deprive any person of life, liberty, or 
property, without due process of law; nor deny to any per- 
son within its jurisdiction tlie equal protection of the laws. 

The first section has already been partially discussed 
on page 191 under the question, Who are citizens? 

The "privileges or immunities'* of the section doubt- 
less refer to the rights of the freedmen which had been 
defined by the Civil Rights Act of April 0, 1866. Bj 



AMENDMENTS TO CONSTITUTION 293 

this act, the "freedmen wore to have the same rights fn privilege* 
every State and Territory of the United States to make nfties o! 
and enforce contracts; to sue, he parties, and give evi- story, Com. 
dence; to inherit, purchase, lease, sell, hold, and con- § 1935. 
vey real and personal property, and to full and equal 
benefit of all laws and proceedings for the security of 
person and property as is enjoyed by white citizens and 
to be subject to the like punishments, pains, and penal- 
tie^, and to none other, any law, statute, ordinance, 
regulation, or custom to the contrary notwithstanding." 
The right to vote is not enumerated, for it is a political right. 

It was feared attempts would be made in some of the Due p roc- 
States to keep the negro in a condition of dependence story, 
through adverse legislation. To prevent this, the pro- taries, §§ 
vision was made that no State should deprive ''any Dartmouth 
person of life, liberty, or property without due process Wood- 
of law." The phrase "due process of law," has been w'heaton 
regarded, in its legal effects, as equivalent to "the law 
of the land" which was defined by Webster in the Dart- 
mouth College case as follows: "By the law of the land 
is most clearly intended the general law; a law which 
hears before it condemns; which proceeds upon inquiry, 
and renders judgment only after trial. The meaning 
is, that every citizen shall hold his life, liberty, property, 
and immunities under the protection of the general rules 
which govern society." * 

Congress believed that the leaders of the South in the Amrnd- 
Civil War should be deprived of some of their political sections. ' 
privileges, and SO framed section 3: 

No person shall be o Senator or Representative in Con- 
gress, or Elector of President mid Vice-President, or hold 
any office, civil or military, under the United States, or 

:ion 2 has been taken up in connection with the apportionment of 
:-•• 126. I'm;);!- ihotlld n;i<l the entire Amendments 
1 in the Constitution. Append 



294 AMENDMENTS TO CONSTITUTION 

under any State, who, having previously taken an oath as 
a member of Congress, or as an officer of the Untied States, 
or as a member of any State legislature, or as an executive 
or judicial officer of any State, to support the Constitution 
of the United States, shall have engaged in insurrection or 
rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may, hy a vote of two-tin' 
of each house, remove such disability. 
30 United Congress has at different times removed the disabilities 

Statutes at from certain of these classes. Finally, an act of June ('», 
arge, . jggg^ reinoV( > ( ] t ] 1( . ] as ( disability imposed by this section. 

It was feared there might be an attempt to repudiate 

the debt which had been incurred in the suppression of 
the Rebellion and also to pay the war debt of the seced- 
ing States. This led to the embodiment of section 4 as 
a part of the Amendment: 
Amend- The validity of the public debt of tl/e United Sir 

section 4. ' authorized by laiv, including debts incurred for payment 
of pensions and bounties for ser vic e s in suppressing in- 
surrection or rebellion, shall not be questioned. But initio r 
the United States uor any State shall assume or pay any 
debt or obligation incurred in aid of insurrection or rebel* 
lion against the United States, or any claim for the loss or 
emancipation of any slave; but all such debts, obligations y 
and claims shall be held illegal and void. 
Section 5. The Congress shall have poiver to enforce, by appro- 

priate legislation, the provisions of this artirle. 

In order to secure full political rights for the negroes the 

XVth Amendment was passed as indicated on page 125. 

Amend- The right of citizens of the United States to rote shall 

Sion^i/ n °t be denied or abridged by the United States, or by any 

State, on account of race, color, or previous condition of 

servitude. 

Section 2. The Congress shall have poiver to enforce this article by 

appropriate legislation . 









AMENDMENTS TO CONSTITUTION 295 



Supplementary Questions wi> References 

1. What facta can be given showing the difficulty of amend- 
ing the Articles of Confederation} Piske, Critical Period, 218- 

2. Is it now considered difficult to amend the Constitution? 
Biyce, American Commonwealth, T, 368 .'571. 

3. Was the adoption of the XYth Amendment a wise policy? 



Republic. 



CHAPTER XXX 

THE RELATIONS OF STATES AND NATION 

We have now studied in succession the local, State, 
and National governments of our country. Since the 
local units are subordinate to the States of which they 
are divisions, there remain to be considered the relations 
that exist between the State and National systems. 
A Federal We should first observe that the Stato arc not mere 

administrative divisions of the Nation. They do not 
stand in the same relation to the Nation that counties 
bear to a State. They do not derive their powers from 
the National government, nor, on the other hand, does 
the latter derive its power from the States. The source 
of power for both is the same — "the people themselvi 
an organized body politic."* The United States is, 
then, a Federal Republic* 'This is very different, on the 
one hand, from a confederation, such as existed in this 
country between 1781 and J7S<), and, on the other hand, 
from a centralized republic, such as exists to-day in 
France. In the former case, the National government 
rested upon the States and could exercise its most im- 
portant powers only through them. In France, the "de- 
partments" (which may be compared to our States) are 
merely local administrative divisions of the nation, and 
possess no original powers of government. Our Fed- 
eral Republic is more complex than either of these 
terns; but in efficiency it far excels the Confederacy, and 
in its adaptation to the circumstances of the people it is in- 
finitely better than a centralized government would be. 

* Cooley, Constitutional Limitations, 205. 
296 



ment. 



RELATIONS OF STATES AND NATION 297 

The peculiarity of our government lies in the division The 

. . ' i x- • i i • • tt- dp 

of powers between State and National authorities. His- of powers 

toricallv, and from a legal point of view, we should first State gor- 

. . .. . . . . . , emments 

think oi all governmental powers as ongmating in the and the 
people. Of th» - rs, etn- 

(1) Some are exercised by State authorities. 
_ Others are delegated to the National government 

The powers belonging to the first group are nowhere 
enumerated, because it is neither necessary nor possible 
to anticipate all of them. They are the / powers 

mentioned in the Tenth Amendment to the United Starrs 
Constitution. The powers of the second group are enu- 
merated in the Constitution; they are vested in th< 
islative, executive, and judicial branches of the National 
government. We see, then, that local self-government is 
preserved in the States for State purposes; and that the 
National government was created to fulfill National pur- 
poses, by a direct grant of power from the people. 

In determining this division of powers, it becomes nec- 
essary to make two other groups: 

(3) Some specific powers are denied to the United 
States.* 

Others are denied to the States. f 

- me of these prohibitions are necessary in order that 
the parts of our double system of government may work 
harmoniously. Evidently, too, the people intend that s 
powers shall no' '1 by either State or National 

authoriti re denied to both. In this way, 

certain ancient Kbei 1. 

(5) Finally, there is a group called concurrent 
because they ma and National 

governne 

We h* ken as though then- were ^em- 

* See Ar: on 9, and Amendment! I vin and XI. 

t See Article I, section 10, and Amendments XIII XV. 



298 RELATIONS OF STATES AND NATION 



But one 
govern- 
ment. 



Article VI, 
clause 2. 



National 
sover- 
eignty. 



ments, but in reality there is but one. Its parts (State 
and National) are distinct but not separate.* They fit 
into and harmonize with each other. Each is necessary 
to the existence of the other. In the analysis of our 
government from a legal point of view, we examine them 
separately; but in the bestowal of our patriotic allegiance 
as citizens no such separation is possible. 

Such is the theory of our government Its practical 
workings are not so simple, for very often the line of 
division between State and Federal powers is doubtful. 
In tracing this line, the courts have cmi-tantlv had in 
view that clause of the Constitution which says: 

This Constitution, and the Imm of the United Slates 
which shall be made in jmrsnancc thereof, and all treaties 
made, or which shall be made, under the authority of the 
United States, shall he the supreme la le of the land ; and 
the judges in ererij State shall he honnd thereby f anything 
in the Constitution or lairs of any State to the contrary 
notwithstanding. 

The doctrine of National sovereignty (/. e. y the supreme 
authority of the National government over every State 
and every individual) became fully established, subject 
to dispute from no authoritative source whatever, only 
after the Civil War and the events that followed. Hut 
this doctrine is to be viewed in the light of a larger fact, 
viz., that the National government possesses only delegated 
powers, and it is only within the sphere of these powers 
that the National authority is supreme. "When a par- 
ticular power is found to belong to the States, they are en- 
titled to the same complete independence in its exercise 
as is the National government in wielding its own author- 
ity. Each within its sphere has sovereign powers/ ' f 

We have seen that it is the duty of the courts to de- 

* Wilson, The State, 4S0-4S3. 

t Cooley, Principles of Constitutional Law, 34. 









RELATIONS OF STATES AND NATION 290 

f 

termine, when cases come before them, the limits of State state 
and National jurisdiction. In the last resort, the Supreme eigmy. 
Court of the United States decides whether any act of 
either government is Constitutional The National gav- 
ernment is, therefore, the final judge of the extent of its 
own powers, as well as o\ State powers when State and 
National authority seem to conflict During most of our 
history the doctrine was held by eminent persons that, in 
the event of such a conflict, a State might legally decide 
for itself which authority should prevail. The doctrine 
of "State sovereignty" was enunciated in the Virginia 
Resolutions of 1798 by Madison; in the Kentucky Reso- 
lutions of the same year by Jefferson, and in the Resolu- 
tions of the Hartford Convention (1S14). The doctrine 
found its logical conclusion in the nullification of a Federal 
law by South Carolina in 1832. Carried to its extreme 
limits. State sovereignty became the grounds of justifica- 
tion for the secession of the Southern States at the opening 
of the Civil War. The doctrine received its death-blow 
in the events of that period. The success of the National 
idea seemed for a time to endanger the preservation of 
the true theory of our government, by threatening the 
complete dominance of National over State authority. But 
Supreme Court of the United States is guardian of 
State and National powers alike, and its decisions have 
held firmly to the lines of division that have been indi- 
cated in the preceding discussion. 

A- a further statement of this division, it may be said 
that the State- are presumed to have jurisdiction over all 
subjects of legislation, except as their powers are limited 
1 by the National Constitution, (J) by the State consti- 
tution-. The National government, on the other hand, IS 

presumed to have only such powers as are delegated to it 
(either specifically or by implication) in the Constitution 
of the United States. 



300 RELATIONS OF STATES AXD NATION 

• 

At its foundation, that double system which we call 
"the government of the United States" rests upon the 
people. They have not finally determined its character, 
but have reserved the right to modify its form by the 
process of amendment, and to change its policy by the 
periodical election of officers. 



Supplementary Questions and Ukfi.ki.v 

1. The government of France is described in Wilson, The 

State, 214-223. 

2. Switzerland is also a republic; what are the main features 

of its government f Wilson, 906 333. 

3. What arc some of the mod important among the reserved 

powers of the States? How are similar powers rxerei -. 

England? Wilson, is? iss. 

4. Make lists of powers (1) delegated to the National govern- 
ment; (2) denied to it; (3) prohibited t<> the States; and (4) 
to both. (5) What powers would yon classify as concurrent? 

5. Is it accurate to say that the National government has 
"more powers" than the States? Thai it is "stronger" than 
the States? 

6. What is the English Constitution ? Bryce, T, 241-242. 
Why may an act of Parliament be unconstitutional and 
valid? Bryce, I, 250-251. 

7. Can you mention State and National laws that have been 
declared unconstitutional by the Supreme Court? 



CHAPTER XXXI 

IffE FEATURES OF INTERNATIONAL LAW AND 
ARBITRATION 

We have considered some of the ways in winch our 
eminent is brought into direct relations with foreign 
powers, such as the postal system, naturalization, and 
privateering. It is especially to be noted that during the 
nineteenth century there was a marked advance toward 
the settlement of controversies between nations according 
to the principles of international law and through courts 
of arbitration. It will be of interest, therefore, to consider 
a few of the leading principles which have tended to pre- 
vent wars and lessen the suffering and destruction incident 
to warfare, and to note the relation of the United States to 
these forward movements. 

According to the definition given on page 199, inter- Nature and 

° J " origin of 

national law refers to the usages which have been es- interna- 

" -t inn ol la 

tablished between civilized nations, but more narrowly 
interpreted it pertains to that body of rules which are 
pted by the six great European powers and the 
United States. Strictly speaking, Hugo Grotius, a politi- 
cal exile from Holland, residing in Paris, became the 
founder of international law through the publication, in 
1625, of his u De Jure Belli ac Pactis," a book which 
has been declared to have altered the history of the world. 

"Addition- have been made to this gtval work slowly and 

imperceptibly as the public opinion of the civilized world 
decides new i to greater heights of humanity 

and justice/ 1 * 

* L<; Law, 54. 

301 



tional law. 



302 INTERNATIONAL LAW— ARBITRATION 

Paris Con- Some of the most difficult international problems have 

gross, 1856. . , - n . . , 

arisen over the attempts to define the nghts of neutral 
nations, especially on the high seas, and the treatment of 
merchant ships and other private properly during the time 
of war. National usage varied until the year 1856, when 
the great nations (the United States and Spain excepted), 
in the Congress at Paris, gave the chief impulse to united 
action by agreeing to the four significant principles: (1) 
Privateering is and remains abolished; (2) The neutral 
flag covers an enemy's goods, with the exception of con- 
traband of war; i.e., One of the belligerent nations cannot 
seize from a vessel that flies the flag of a neutral country, 
goods that belong to a citizen of the other belligerent 
Unless they be contraband of war. (3) Neutral gOOcfa with 
the exception of contraband of war are not liable to cap- 
ture under the enemy's lla^; (4) Blockades in order to be 

binding must be effective. 

The United By the year 1861 forty-SB sovereign States had agreed 

the Rule of to accept these principles. The United States govern- 
ment asserted that all private property (if sea should be 

exempt from capture and confiscation, except in the cfl 
of the violation of a blockade and contraband of war, and 
refused, in consequence, to sanction the Paris Declara- 
tion. In treaties made with individual nations, however, 
die United States accepted these principles and, in I s 
on the occasion of the outbreak of the Spanish-American 
War, our government issued decrees upon the subjects 
mentioned below. 

Contra- (1) No privateers were to be allowed. (See page 200.) (2) 

band of T} ie blockade of the forts on the coasts of Cuba should be made 
effective. (3) Contraband of war was to be carefully denned. 
The articles declared to be absolutely contraband were : " Ord- 
nance, machine-guns and their appliances and the parts thereof; 
armor plate and whatever pertains to the offensive and de- 
fensive armament of naval vessels; arms and instruments of 



war. 



INTERNATIONAL LAW— ARBITRATION 303 



iron, steel, brass, or copper, or any other material, such anna 
and instruments being especially Adapted for use ID war by 
land or sea; torpedoes and their appurt enanees; cases for mines, 
of whatever material: engineering and transport materials, such 
as gun-carriages, caissons cartridge-boxes, campaigning forges, 
canteens, pontoons; ordnance stores; portable range-finders; 
signal flags destined for naval use; ammunition and eNplosives 
of all kinds; machinery for the manufacture of rams and muni- 
tions of war; saltpetre, military accoutrements and equipments 
of all sorts; horses. " The "conditionally contraband" articles 
mentioned were the following: "Coal when destined for a naval 
station, a port of call, or a ship or ships of the enemy; materials 
for the construction of railroads and telegraphs, and money, 
when such material or money are destined for an enemy's forces; 
provisions when destined for an enemy's ship or ships, or for a 
place that is besieged. " 

Spain declared that the last three articles of the Declaration of 
Paris were to be enforced, but maintained the right, as already 
indicated, to grant letters of marque to privateers. 

In the International Convention, at Geneva, in 1S64, another 
marked advance was made. By this agreement, which has been 
accepted by nearly all the civilized powers of the world, hospitals 
and all articles intended for the use of the sick and wounded, 
together with all surgeons, nurses, and other persons engaged in 
caring for them, are not subject to capture if they are protected 
by the badge having a red cross upon a white ground. This em- 
blem is placed on the flag or is worn on the arm as the ease may 
be. 

From the time of Grotius. appeal- wore made by individuals 
and congresses for the lessening of the grosser severities of war- 
fare, but these ideas wore not put into practical form until the 
year 1863. President Lincoln, in that year, decreed that (he 
armies of the United Btatefl should be governed by the code of 
which had been prepared on the lequesl of Mr. Lincoln by 
Francis Lieber. A similar manual was afterward adopted by 
the various European powers and the general principles were 

adopted as an international code by the Brussels Conference of 
ls7i, in which the leading B Europe were represented* 



The 

Geneva 
Conven- 
tion, 1864, 
Red Cross. 



The 
Brusselfl 

Conference 
1874. 



304 INTERNATIONAL LAW— ARBITRATION 



International Arbitration 



The Hague 
Conference, 
1899. 



Disarma- 
T nent. 



International Arbitration signifies the agreement on the 
part of two nations in dispute to submit their differences 
to an independent tribunal and abide by its decision. 
Great progress was made during the nineteenth century 
toward this much-desired goal. Our own government has 
hastened this advance, for it has. been a party to about 
fifty out of one hundred and twenty arbitrations. Ques- 
tions settled in this manner, such as boundary, damages 
inflicted by war or civil disturbances, and injuries to com- 
merce, would formerly have led to war. Twenty of these 
cases have been between the United States and Great 
Britain, and a settlement was effected when, at time-, [( 
seemed as it' war could not be averted. Among others 
may be mentioned the Alabama Question, which was 
decided by the Geneva Conference in 1S71,* and the 
Behring Sea Seal Fisheries Question, which was finally 
settled by a tribunal at Paris in lS ( .K>.f 

The work of The Hague Peace Conference, which met 
May 18, 1899, constituted a fitting close to the efforts 
which were put forth during the century to bring about 
conciliation through arbitration. The Conference assem- 
bled in response to an invitation issued by the Czar of 
Russia "on behalf of disarmament and the permanent 
peace of the world." One hundred and ten delegates 
were present, representing twenty-six different powers, 
of which the United States was one. The delegates were 
divided into three commissions, each having separate sub- 
jects for consideration. 

(1) The first commission adopted unanimously the res- 
olution that "the limitation of the military charges which 

* See American History, pp. 438, 439. 

t The Venezuela question was likewise important. See American History, 
pp. 486-488. 



Arbitration 



INTERNATIONAL LAW— ARBITRATION 305 

so oppress the world is greatly to be desired, " but agreed 
that this could not now be accomplished through an in- 
ternational compact. 

(2) In the second commission a revision of the Declara- Rules of 
tion of Brussels concerning the rules of war was made. 

It was agreed by the entire Conference that a new Con- 
vention for this purpose should be called, and that the 
protection offered by the red cross as agreed upon in 
the Geneva Convention should also be extended to naval 
warfare. 

(3) The proposition expressing the desire that interna- interna- 
tional conflicts might in the future be settled through Court of 
arbitration was considered by the third commission. 
Said the late ex-President Harrison: "The greatest achieve- 
ment of The Hague Conference was the establishment 
of an absolutely impartial judicial tribunal." Some of 
the leading features of this permanent Court of Arbitra- 
tion were provided for as follows: (1) Each nation which 
agreed to the proposition was to appoint, within three 
months, four persons of recognized competency in inter- 
national law, who were to serve for six years as members 
of the International Court. (2) An International Bureau 
was established at The Hague for the purpose of carrying 
on all intercourse between the signatory Powers relative 
to the meetings of the Court, and to serve also as the record- 
ing office for the Court. (3) Nations in dispute may 
select from the list of names appointed as above 4 , and sub- 
mitted to them by the Bureau, those persons whom they 
desire to act as arbitrators. (4) The meetings of the 
Court are to be held at The Hague, unless some other 
place ifl .stipulated by the nations in the controversy. 
This Court was convened for the fir>t time May, Is, 1901, 
and the fir>t case submitted WB8 one between the United 
States and Mexico. It La readily ieen that the advan- 
tages of such a court are that unprejudiced arbitrators 



306 INTERNATIONAL LAW— ARBITRATION 



The 

second 

Hague 

Conference, 

1907. 



Other 
peace 
move- 
ments. 



are selected; rules of procedure are defined; and that de- 
cisions rendered are more liable to be accepted in future 
cases, and thus a code will be formed. So many cases 
have been submitted to this tribunal and satisfactorily 
disposed of that it has been said that a government which 
will not now try arbitration before resorting to arms, is 
no longer considered respectable. In 1910, provision was 
made for a permanent home for the court through the 
gift of $1,500,000 by Andrew Carnegie. 

In 1904, President Roosevelt proposed a second Hague 
conference to the nations which bad taken part in the first 
one. Russia, then at war with Japan, objected, but when 
peace was restored Emperor Nicholas II issued an invi- 
tation to fifty-three nations to send representatives to such 
a conference. Delegates from forty-five of these nations 
responded by sending delegates toThe Hague in the sum- 
mer of 1907. Among the positive results of the confer- 
ence were; (1) The declaration was adopted prohibiting 
the throwing of projectiles and explosives from balloons; 
(2) Provision was made for an international prise court to 
which appeal might be made from the* prize courts of the 
belligerent powers; and (3) Agreement upon certain prin- 
ciples relating to the laws and customs of war. While no 
definite position was taken relating to military and naval 
expenditures, this problem was referred to the respective 
governments for " serious study/' Belief was reasserted in 
the obligatory arbitration of all questions relating to trea- 
ties and international problems of a legal nature, but the 
principle was not adopted although thirty-two powers 
favored it. It was recommended that another conference 
should be called after an interval of eight vears. 

Many societies are now organized for the purpose of 
bringing about disarmament and the settlement of all 
international disputes through arbitration. Individuals 
have contributed large sums of money toward the move- 



INTERNATIONAL LAW— ARBITRATION 307 

ment for universal peace. With this object in view, Mr. 
Carnegie, in 1910, created a fund of 810,000,000. 



Suggestive Questions and References 

1. The Peace Conference at The Hague, 1S99, N. A. Rev., 
1G8 : 771-77$; 169 : 604-324; 625-639; X. Eng. Mag., 19 : 

585; Forum, 28 : 1-12; Outlook, 62 : 22-26; Reasons for 
Russia's Desire for Peace, Rev. of R's, IS : 376-377; 19 : 432- 
434. 

2. The text of the arbitration agreement made at The Hague 
Conference is found in Rev. of R's, 21 : 51-55; Moore, What the 
Arbitration Treaty is Not, Rev. of R's, 21 : 50-51. 

3. What was the arbitration treaty negotiated with England 
in 1S97? Forum, 23:13-27; Outlook, 55:223-224; Fiske, 
Atl. Mo., 79 : 339-408. For what reasons was the treaty rejected 
by the Senate? Outlook, 55 : 960-961. 

4. The Second Hague Conference. Outlook, 86 : 155-159; 
Rev. of R's, 36 : 529-530; 727; X. Am. Rev., 186 : 576-580. 



APPENDIX A 



CONSTITUTION 



UNITED STATES OF AMERICA. 

We the people of the United States, in order to form a more 
perfect union, establish justice, insure domestic tranquillity, pro- 
vide for the common defence, promote the general welfare, and 
secure the blessings of liberty to ourselves and our posterity, do 
ordain and establish this Constitution for the United States of 
America 

ARTICLE I. 

Section I. All legislative powers herein granted shall be vested 
in a Congress of the United States, which shall consist of a Senate 
and a House of Representatives. 

Sect. II. 1. The House of Representatives shall be composed 
of members chosen every second year by the people of the several 
States, and the electors in each State shall have the qualifications 
requisite for electors of the most numerous branch of the State 
Legislature. 

2. No person shall be a Representative who shall not have 
attained to the age of twenty-five years, and been seven years a 
citizen of the United States, and who shall not, when elected, be 
an inhabitant of that State in which he shall be chosen. 

3. Representatives and direct taxes shall be apportioned among 
the several States which may be included within this Union, accord- 
ing to their respective numbers, which shall be determined by add- 
ing to the whole number of free persons, including those bound to 
service for a term of years, and excluding Indians not taxed, three 
fifths of all other persons. The actual enumeration shall be made 
within three years after the first meeting of the Congress of the 

308 









Constitution of the United States of America 309 

United States, and within every subsequent term of ten years, in 
sueh manner as they shall by law direet. The number of Repre- 
sentatives shall not exceed one for every thirty thousand, but each 
State shall have at least one representative; and until such enu- 
meration shall be made, the State of New Hampshire shall be enti- 
tled to choose three, Massachusetts eight, Rhode Island and Provi- 
dence Plantations one, Connecticut five. New York six, New Jersey 
four, Pennsylvania eight, Delaware one, Maryland six, Virginia 
ten, North Carolina five, South Caroliua live, and Georgia three. 

4. When vacancies happen in the representation from any State, 
the Executive authority thereof shall issue writs of election to fill 
such vacancies. 

5. The House of Representatives shall choose their Speaker and 
other officers ; and shall have the sole power of impeachment. 

Sect. III. 1. The Senate of the United States shall be com- 
posed of two Senators from each State, chosen by the legislature 
thereof, for six years ; and each Senator shall have one vote. 

2. Immediately after they shall be assembled in consequence of 
the first election, they shall be divided as equally as may be into 
three classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, of the second class at 
the expiration of the fourth year, and of the third class at the ex- 
piration of the sixth year, so that one third may be chosen every 
second year; and if vacancies happen by resignation or otherwise, 
during the recess of the legislature of any State, the Executive 
thereof may make temporary appointments until the next meeting 
of the legislature, which shall then fill such vacancies. 

3. No person shall be a Senator who shall not have attained to 
the age of thirty years, and been nine years a citizen of the United 
States, and who shall not, when elected, be an inhabitant of that 
State for which he shall be chosen. 

4. The Vice-President of the United States shall be President of 
the Senate, but shall have no vote, unless they be equally divided. 

5. The Senate shall choose their other officers, and also a 
President pro tempore, in the absence of the Vice-President, or 
when he shall exercise the office of President of the United States. 

6. The Senate shall have the sole power to try all impeach- 
ments When sitting for that purpose) they shall be on oath or 
affirmation. When the President of the United States is tried, the 
Chief Justice shall preside : and no person shall be convicted with* 
out the concurrence of two thirds of the members present. 



310 Appendix A 

7. Judgment in cases of impeachment shall not extend furthei 
than to removal from office, and disqualification to hold and enjoy 
any office of honor, trust or profit under the United States ; but 
the party convicted shall nevertheless be liable and subject to in- 
dictment, trial, judgment and punishment, according to law. 

Sect. IV. 1. The times, places and manner of holding elec- 
tions for Senators and Representatives shall be prescribed in each 
State by the legislature thereof ; but the CongreM may at any time 
by law make or alter sucli regulations, except as to the places of 
choosing Senators. 

2. The Congress shall Assemble at least once in every year, and 
such meeting shall be on the first Monday in December, unless they 
shall by law appoint a different day. 

Sect. V. 1. Each house shall be the judge of the elections, 
returns and qualifications of its own members, And a majority of 
each shall constitute a quorum to do business; but a smaller num- 
ber may adjourn from day to day, and may be authorized to Compel 
the attendance of absent members, iu such manner, and under such 
penalties, as each house may provide. 

2. Each house may determine the rules of its proceedings, pun- 
ish its members for disorderly behavior, and with the concurrence 
of two thirds, expel a member. 

3. Each house shall keep a journal of its proceedings, and from 
time to time publish the same, excepting such parts as may in their 
judgment require secrecy; and the yens and nays of the members 
of either house on any question shall, at the desire of one fifth of 
those present, be entered on the journal. 

4. Neither house, during the session of Congress, shall, without 
the consent of the other, adjourn for more than three days, nor to 
any other place than that in which the two houses shall be sitting. 

Sect. VI. 1. The Senators and Representatives shall receive a 
compensation for their services, to be ascertained by law and paid 
out of the treasury of the United States. They shall in all cases 
except treason, felony and breach of the peace, be privileged from 
arrest during their attendance at the session of their respective 
houses, and in going to and returning from the same ; and for any 
speech or debate in either house, they shall not be questioned in 
any other place. 

2. No Senator or Representative shall, during the time for which 
he was elected, be appointed to any civil office under the authority 
Of the United States, which shall have been created, or the emolu- 






Constitution of the United States of America 311 

ments whereof shall have been increased, during Bach time; and 
no person holding any office under the United States shall be a 
member of either house during his continuance in office. 

Bsct. VII. l. All bills for raising revenue shall originate in the 
House of Representatives; but the Senate may propose or concur 
with amendments as on other hills. 

2. Every bill which shall have passed the House of Representa- 
tives and the Senate, shall, before it become a law, be presented to 

the President of the United States; if he approve he shall Bign 
it, but if not he shall return it with his objections to that house 
in which it shall have originated, who shall enter the objections at 
large on their journal, and proceed to reconsider it. If after such 
reconsideration two thirds of that house shall agree to pasfl the hill, 
it shall be sent, together with the objections, to the other house, 
by which it shall likewise be reconsidered, and, if approved by tW 
thirds of that house, it shall become a law. But in all such cast* 
the votes of both houses shall be determined by yeas and nays, 
and the names of the persons voting for and against the bill shall 
be entered on the journal of each house respectively. If any bill 
shall not be returned by the President within ten days (Sundays 
excepted) after it shall have been presented to him, the same shall 
be a law, in like manner as if be had signed it, unless the Congress 
by their adjournment prevent its return, in which case it shall not 
be a law. 

3. Every order, resolution, or vote to which the concurrence of 
the Senate and House of Representatives may be necessary (except 
on a question of adjournment) shall be presented to the President 
of the United States; and before the same shall take effect, shall 
be approved by him, or being disapproved by him, shall be re- 
passed by two thirds of the Senate and House of Representatives, 
according to the rules and limitations prescribed in the case <>f a bill. 

r. VIII. The Congress shall have power 
1. To lay and collect taxe<. duties, imposts, and l I pay 

the debts and provide for the common defence and L r 'nrr;il welfare 
of the United States : but all duties, impostfl and excises thai] be 
uniform throughout the United Si 

8. To borrow money on the credit <>f the United States; 

3. To regulate commerce with foreign nation-, and among tin 
several States, and with the Indian tril 

4. To establish an uniform rule of naturalization, and uniform 
laws on the subject of bankruptr. ghoul the Unit 



312 Appendix A 

5. To coin money, regulate the value thereof, and of foreign 
coin, and fix the standard of weights and measures ; 

6. To provide for the punishment of counterfeiting the securities 
and current coin of the United States ; 

7. To establish post offices and post roads; 

8. To promote the progress of science and useful arts by secur- 
ing for limited times to authors and inventors the exclusive right 
to their respective writings and discoveries ; 

9. To constitute tribunals inferior to the Supreme Court; 

10. To define and punish piracies and felonies committed on the 
high seas and offences against the Law of nations; 

11. To declare war, grant letters of marque and reprisal, and 
make rules concerning Captures On land and water ; 

12. To raise and rapport armies, but no appropriation of money 
to that use shall be for a longer term than two years ; 

13. To provide and maintain a navy; 

14. To make rules for the government and regulation of the land 
and naval for* 

15. To provide for calling forth the militia to execute the laws 
of the Union, suppress insurrections, and repel invasions; 

16. To provide for organizing, arming and disciplining the mili- 
tia, and for governing such part of them as may be employed in 
the service of the United States, reserving to the States respective- 
ly the appointment of the officers, and the authority of training the 

militia according to the discipline prescribed bv Congress; 

17. To exercise exclusive legislation in all cases whatsoever, over 
such district (not exceeding ten miles square) as may, by cession of 
particular States, and the acceptance of Congress, become the seat 
of government of the United States, and to exercise like authority 
over all places purchased by the consent of the legislature of the 
State, in which the same shall be, for the erection of forts, maga- 
zines, arsenals, dock-yards, and other needful buildings ;— and 

18. To make all laws which shall be necessary and proper for 
carrying into execution the foregoing powers, and all other powers 
vested by this Constitution in the government of the United States, 
or in any department or office thereof. 

Sect. IX. 1. The migration or importation of such persons as 
any of the States now existing shall think proper to admit shall not 
be prohibited by the Congress prior to the year 1808 ; but a tax or 
duty may be imposed on such importation, not exceeding §10 for 
each person. 



Constitution of the United States of America 313 

2. The privilege of the writ of habeas corpus shall not be sus- 
pended, unless when in cases of rebellion or invasion the public 
safety may require it. 

3. No bill of attainder or ex post facto law shall be passed. 

4. No eapitatiou, or other direct, tax shall be laid, unless in pro- 
portion to the census or enumeration herein before directed to be 
taken. 

;>. No tax or duty shall be laid on articles exported from any 
State. 

G. No preference shall be given by any regulation of commerce 
or revenue to the ports of one State over those of another: nor 
shall vessels bound to, or from, one State, be obliged to enter, 
clear, or pay duties in another. 

7. No money shall be drawn from the treasury, but in con- 
sequence of appropriations made by law; and a regular statement 
and account of the receipts and expenditures of all public money 
shall be published from time to time. 

8. No title of nobility shall be granted by the United States : and 
no person holding any office of profit or trust under them, shall, 
without the consent of the Congress, accept of any present, emolu- 
ment, office, or title, of any kind whatever, from any king, prince, 
or foreign state. 

Sect. X. 1. No State shall enter into any treaty, alliance, or 
confederation ; grant letters of marque and reprisal ; coin money ; 
emit bills of credit; make anything but gold and silver coin a ten- 
der in payment of debts ; pass any bill of attainder, ex post facto 
law. or law impairing the obligation of contracts, or grant any title 
of nobility. 

2. No State shall, without the consent of the Congress, lay any 
imposts or duties on imports or exports, except what may be ab- 
solutely necessary for executing its Inspection laws: ami the net 
produce of all duties and imposts, laid by any State on imports or 

exports, shall be for the use of the treasury <>f the United States; 
and all such laws shall be subject to the n-vNion and control of 
the Congress. 

3. \ ihall, without the Consent of Congress, lay any duty 
of tonnage, keep troops, or ships of war in time of peace, niter into 
any agreement or Compact with another Stat.-, or with a foreigE 
power, or engage in war. Bnlesi actually invaded, or in such im- 
minent danger as will not admit of delay. 



314 Appendix A 



ARTICLE II. 

Section I. 1. The executive power shall be vested in a President 
of the United States of America. He shall hold his office during the 
term of four years, and together with the Vice-President, chosen 
for the same term, be elected as follows : 

2. Each State shall appoint, in such manner as the legislature 
thereof may direct, a number of electors, equal to the whole num- 
ber of Senators and Representatives to which the State may be en- 
titled in the Congress; but no Senator or Representative, or per- 
son holding an office of trust or profit under the United States, 
shall be appointed an elector. 

[The electors shall meet in their respective States, and vote by 
ballot for two persons, of whom one at least shall not be an In- 
habitant of the same State with themselves. And they shall make 
a list of all the peMOlU voted for, and of the number of votes for 
each; which list they shall sign and certify, and transmit sealed to 
the seat of government of the United States, directed to the Presi- 
dent of the Senate. The President of the Senate shall, in the 
presence of the Senate and House of Representatives, open all the 
certificates, and the votes shall then be counted. The person hav- 
ing the greatest number of votes shall be the President, if such 
number be a majority of the whole number of electors appointed; 
and if there be more than one who have such majority, and have 
an equal number of votes, then the House of Representatives shall 
immediately choose by ballot one of them for President; and if no 
person have a majority, then from the five highest on the list the 
said house shall in like manner choose the President. But in 
choosing the President the votes shall be taken by States, the rep- 
resentation from each State having one vote; a quorum for this 
purpose shall consist of a member or members from two thirds of 
the States, and a majority of all the States shall be necessary to a 
choice. In every case, after the choice of the President, the person 
having the greatest number of votes of the electors shall be the 
Vice-President. But if there should remain two or more who have 
equal votes, the Senate shall choose from them by ballot the Vice- 
President.] 

3. The Congress may determine the time of choosing the electors, 
and the day on which they shall give their votes ; which day shall 
be the same throughout the United States. 

4. No person except a natural born citizen, or a citizen of the 






Constitution of the United States of America 315 

United States, at the time of the adoption of this Constitution, shall 
be eligible to the office of President ; neither shall any person be 
eligible to that office who shall not have attained to the age of 
\hirty-five years, and been fourteen years a resident within the 

5. In case of the removal of the President from office or of his 
death, resignation, or inability to discharge the powers and duties 
of the said office, the same shall devolve on the Vice-President, and 
the Congress may by law provide for the case of removal, death, 
resignation, or inability, both of the President and Vice-President, 
declaring what officer shall then act as President, and such officer 
shall act accordingly, until the disability be removed, or a Presi- 
dent shall be elected. 

6. The President shall, at stated times, receive for his services, 
a compensation, which shall neither be increased nor diminished 
during the period for which he shall have been elected, and he shall 
not receive within that period any other emolument from the United 
States, or any of them. 

7. Before he enter on the execution of his office, he shall take 
the following oath or affirmation : — M I do solemnly swear (or af- 
firm) that I will faithfully execute the office of President of the 
United States, and will to the best of my ability, preserve, protect 
and defend the Constitution of the United States." 

Sect. II. 1. The President shall be commander in chief of the 
army and navy of the United States, and of the militia of the 
ieveral States, when called into the actual service of the United 
States ; he may require the opinion, in writing, of the principal 
officer in each of the executive departments, upon any subject re- 
lating to the duties of their respective offices, and he shall have 
power to grant reprieves and pardons for offences against the United 
States, except in cases of impeachment. 

2. He shall have power, by and with the advice and consent of 
the Senate, to make treaties, provided two thirds of the Senators 
present concur; and he shall nominate, and by and with the advice 
and consent of the Senate, shall appoint ambassadors, other public 
ministers and consuls, judges of the Supn-me Court, and all other 
officers of the United States, whose appointments are not herein 
otherwise provided for, and which shall be establish. •<! by law ■ but 
the Congress may by law real the appo intm e nt of tncfa inferior 
officers, as they think proper, in the President alone, in the court* %t 
law, or in the heads of departments. 



316 Appendix A 

3. The President shall have power to fill up all vacancies thai 
may happen during the recess of the Senate, by granting commis- 
sions which shall expire at the end of their next session. 

Sect. III. He shall from time to time give to the Congress in« 
formation of the state of the Union, and recommend to their con- 
sideration such measures as he shall judge necessary and expedient; 
he may, on extraordinary occasions, convene both houses, or either 
of them, and in case of disagreement between them, with respect 
to the time of adjournment, he may adjourn them to such time as 
he shall think proper; he shall receive ambassadors and other pub- 
lic ministers ; he shall take care that the laws be faithfully exe- 
cuted, and shall commission all the officers of the United States. 

Sect. IV. The President, Vice- President and all civil officers 
of the United States, shall be removed from office on impeachment 
for, and conviction of, treason, bribery, or other high crimes and 
misdemeanors. 

ARTICLE III. 

Section I. 1. The judicial power of the United States, shall De 
vested in one Supreme Court, and in such inferior courts as Con- 
gress may from time to time ordain and establish. The judges, 
both of the Supreme and inferior courts, shall hold their offices 
during good behavior, and shall, at stated times, receive for their 
■ervices, a compensation, which shall not be diminished during their 
continuance in office. 

Sect. II. 1. The judicial power shall extend to all cases, in law 
and equity, arising under this Constitution, the laws of the United 
States, and treaties made or which shall be made, under their au- 
thority; — to all cases affecting ambassadors, other public minis- 
ters and consuls; — to all cases of admiralty jurisdiction; — to 
controversies to which the United States shall be a party ; — to 
controversies between two or more States ; — between a State and 
citizens of another State ; — between citizens of different States; 
— between citizens of the same State claiming lands under grantt 
of different States, and between a State, or the citizens thereof, 
and foreign states, citizens or subjects. 

2. In all cases affecting ambassadors, other public ministers and 
consuls, and those in which a State shall be a party, the Supreme 
Court shall have original jurisdiction. In all the other cases before 
mentioned, the Supreme Court shall have appellate jurisdiction, 



Constitution of the United States of America 317 

both as to law and fact, with such exceptions, and under such reg- 
ulations as the Congress shall make. 

3. The trial of all crimes, except m cases of impeachment, shall 
be by jury; and such trial shall be held In the State where the said 
crimes shall have been committed; hut when not committed with- 
in any State, the trial shall be at such place or places M the Con- 
gress may by law have directed. 

Sect. III. 1. Treason against the United States shall consist only 
in levying war against them, or in adhering to their enemies, giving 
them aid and comfort. No person shall be convicted of treason 
unless on the testimony of two witnesses to the same overt act, or 
on confession in open court. 

2. The Congress shall have power to declare the punishment of 
treason, but no attainder of treason shall work corruption of blood, 
or forfeiture except during the life of the person attainted. 



ARTICLE IV. 

Section I. Full faith and credit shall be given in each State to 
the public acts, records, and judicial proceedings of every other 
State. And the Congress may by general laws prescribe the man- 
ner in which such acts, records, and proceedings shall be proved, 
and the effect thereof. 

Sect. II. 1. The citizens of each State shall be entitled to all 
privileges and immunities of citizens in the several States. 

2. A person charged in any State with treason, felony, or other 
crime, who shall flee from justice, and be found in another State* 
shall on demand of the executive authority of the State from 
which he fled, be delivered up, to be removed to the State having 
jurisdiction of the crime. 

3. No person held to service or labor in one State, under the 
laws thereof, escaping into another, shall, in consequence of any 
law or regulation therein, be discharged from such service or labor, 
but shall be delivered up on claim of the party to whom such ser- 
vice or labor may be due. 

Srr-T. III. 1. New States may bo admitted by the Congress into 
this Union ; but no new State shall be formed or erected within 
the jurisdiction of any Other State ; nor any State be formed by 
the junction of two or more States, or parti of States, without the 
consent of the legislatures of the States concerned as well as of 
the Congress. 



318 Appendix A 

2. The Congress shall have power to dispose of and make all 
needful rules and regulations respecting the territory or other 
property belonging to the United States ; and nothing in this Con- 
stitution shall be so construed as to prejudice any claims of the 
United States, or of any particular State. 

Sect. IV. The United States shall guarantee to every State in 
this Union a republican form of government, and shall protect 
each of them against invasion ; and on application of the Legislature, 
or of the executive (when the legislature cannot be convened) 
against domestic violence. 



ARTICLE V. 

The Congress, whenever two thirds of both houses shall deem 
it necessary, shall propose amendments to this Constitution, or, 
on the application of the legislatures of two thirds of the several 
States, shall call a convention for proposing amendments, whieh, 
in either case ahull be valid to all Intents and purposes, SJ part of 
this Constitution, irheo ratified by the Legislatures of three fourths 

of the several States, or by conventions in three fourths thereof, 
as the one or the other mode of ratification may be proposed by 
the Congress; provided that no amendments which may be made 
prior to the year one thousand eight hundred and eight shall in any 
manner affect the first and fourth clauses in the ninth section of 
the first article; and that no State, without its consent, shall be 
deprived of its equal suffrage in the Senate. 

ARTICLE VI. 

1. All debts contracted and engagements entered into, before the 
adoption of this Constitution, shall be as valid against the United 
States under this Constitution, as under the Confederation. 

2. This Constitution, and the laws of the United States which 
shall be made in pursuance thereof; and all treaties made, or which 
shall be made, under the authority of the United States, shall be 
the supreme law of the land; and the judges in every State shall 
be bound thereby, anything in the Constitution or laws of any 
State to the contrary notwithstanding. 

3. The Senators and Representatives before mentioned, and 
the members of the several State legislatures, and all executive 
and judicial officers, both of the United States and of the several 



Constitution of the United States of America 319 

States, shall bo bound by oath or affirmation, to support this Con- 
stitution ; but no religious test shall over be required as a qualifi- 
cation to any office or public trust under the United States. 



ARTICLE VII. 

The ratification of the conventions of nine States, shall be suf- 
ficient for the establishment of this Constitution between the States 
so ratifying the same. 

Done in Convention by the unanimous consent of the States pres- 
ent, the seventeenth day of September in the year of our Lord 
one thousand seven hundred and eighty-seven and of the Inde- 
pendence of the United States of America the twelfth. In wit- 
ness whereof we have hereunto subscribed our names. 



[Signed by J 

New Hampshire. 
John Langdon, 
Nicholas Oilman. 

Massachusetts. 
Nathaniel Gorham, 
Rufus King. 

Connecticut. 



G° Washington, 
I'residi and Deputy from Virginia. 



Pennsylvania. 
B Franklin, 
Thomas Mifflin, 
Robt. Morris, 
Geo. Clymer, 
Tho. Fitz Simons, 
Jared Ingersoll, 



Win. Saml. Johnson, James Wilson, 



Roger Sherman. 

New York. 
Alexander Hamilton. 

New* Jersey. 
Wil : Livingston, 
David Brearley, 
Wm : Pater-son, 
Jona : Dayton. 



Gouv Morris. 

Delaware. 
Geo : Read, 
Gunning Bedford, 

Jun, 
John Dickinson, 
Richard Bassett, 
Jaco : Broom. 

If KRYLANP. 

James Mrllcnry, 
Dan of St. Thos. 

Jenifer, 
Danl Carroll. 

Attest : William Jackson, Secretary* 



Virginia. 
John Blair, 
James Madison, Jr. 

North Carolina. 
Wm. Blount, 
Richd. Dobbs Spaight. 
Hn Williamson. 

South Carolina. 
J. Rutledge, 
Charles Cotesworth 

Pinekney, 
Charles Pinckney, 
Pierce Butler. 
Georgia. 

William Fen, 
Abr Baldwin. 



320 Appendix A 

Articles in Addition to and Amendment of the Constitution 
of the United States of America, Proposed by Congress, 
and Ratified by the Legislatures of the Several States, 
Pursuant to the Fifth Article of the Original Consti- 
tution. 

Article I. — Congress shall make no law respecting an establish- 
ment of religion, or prohibiting the free exercise thereof ; or 
abridging the freedom of speech, or of the press ; or the right of 
the people peaceably to assemble, and to petition the government 
for a redress of grievances. 

Article II. — A well-regulated militia, being necessary to the se- 
curity of a free State, the right of the people to keep and bear 
arms, shall not be infringed. 

Article III. — No soldier shall, in time of peace be quartered in 
any house without the consent of the owner, nor in time of war, 
but in a manner to be prescribed by law. 

Akticle IV. — The right of the people to be secure in their per- 
sons, houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated, and no warrants shall issue but upon 
probable cause, supported by oath or affirmation, and particularly 
describing the place to be searched, and the persons or things to 
be seized. 

Article V. — No person shall be held to answer for a capital, or 
otherwise infamous crime, unless on a presentment or indictment of 
a grand jury except in cases arising in the land or naval forces, or 
in the militia, when in actual service in time of war or public dan- 
ger ; nor shall any person be subject for the same offence to be 
twice put in jeopardy of life or limb ; nor shall be compelled in 
any criminal case to be a witness against himself, nor be deprived 
of life, liberty, or property, without due process of law ; nor 
shall private property be taken for public use without just compen- 
sation. 

Article VI. — In all criminal prosecutions the accused shall en- 
joy the right to a speedy and public trial, by an impartial jury of 
the State and district wherein the crime shall have been committed, 
which district shall have been previously ascertained by law, and to 
be informed of the nature and cause of the accusation ; to be con- 
fronted with the witnesses against him ; to have compulsory process 
for obtaining witnesses in his favor, and to have the assistance of 
counsel for his defence. 



Constitution of the United States of America 321 

Article VII. — In suits at common law, where the value in contro- 
versy shall exceed twenty dollars, the right of trial by jury shall be 
preserved, and no fact tried by a jury shall be otherwise re-exam- 
ined in any court of the United States, than Recording to the rules 
of the common law. 

Article VIII. — Excessive bail shall not be required, nor exces- 
sive fines imposed, nor cruel and unusual punishment! inflicted. 

Article IX. — The enumeration in the Constitution, of certain 
rights, shall not be construed to deny or disparage others retained 
by the people. 

Article X.— The powers not delegated to the United States by 
the Constitution, nor prohibited by it to the States, are reserved to 
the States respectively, or to the people. 

Article XI. — The judicial power of the United States shall not 
be construed to extend to any suit in law or equity, commenced or 
prosecuted against one of the United States by citizens of another 
State, or by citizens or subjects of any foreign state. 

Article XII. — 1. The electors shall meet in their respective 
States, and vote by ballot for President and Vice-President, one of 
whom, at least, shall not be an inhabitant of the same State with 
themselves; they shall name in their ballots the person voted for 
as President, and in distinct ballots the person voted for as Vice- 
President, and they shall make distinct lists of all persons voted for 
as President, and of all persons voted for as Vice-President, and of 
the number of votes for each, which lists they shall sign and cer- 
tify, and transmit sealed to the seat of government of the United 
States, directed to the President of the Senate; — the President 
of the Senate shall, in the presence of the Senate and House of 
Representatives, open all the certificates and the votes shall then 
be counted; — the person having the greatest number of votes 
for President shall be the President, if such number be a majority 
of the whole number of electors appointed; and if no person have 
such majority, then from the persons haying the highest numbers 
not exceeding three on the list of those voted for as President, the 
Bouse of Representatives shall choose immediately, by ballot, the 
lent. Bnt in choosing the President, the vote- shall be taken 
by States, the representation from each State baring one vote; a 
quorum for this purpose shall consist of a member <>r members 
from two thirds of the States, and a majority of all the States shall 
be necessary to a choice. And if the House <>f Representatives 
shall not choose a President whenever the right of ehoice shall de- 



322 Appendix A 

volve upon them, before the fourth day of March next following, 
then the Vice-President shall act as President, as in the case of the 
death or other constitutional disability of the President. — The 
person having the greatest number of votes as Vice-President, shall 
be the Vice-President, if such number be a majority of the whole 
number of electors appointed, and if no person have a majority, 
then from the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose shall consist 
of two thirds of the whole number of Senators, and a majority of 
the whole number shall be necessary to a choice. Hut no person 
constitutionally ineligible to the office of President shall be eligible 
to that of Vice-President of the United States. 

Article XIII.— Section 1. Neither slavery nor involuntary ser- 
vitude, except as a punishment for crime whereof the party shall 
have been duly convicted, shall exist within the United States, or 
any place subject to their jurisdiction. 

Section 2. Congress shall have power to enforce this article by 
appropriate Legislation. 

ARTICLE XIV. — Section 1. All persons born or naturalized in 
the United States, and inbject to the jurisdiction thereof, are citi- 
zens of the United States and of the State wherein they reside, No 
State shall make or enforce any law which shall abridge the privi- 
leges or immunities of citizens of the United States; nor shall any 
State deprive any person of life, liberty, or property, without due 
process of law ; nor deny to any person within its jurisdiction the 
equal protection of the laws. 

Section 2. Representatives shall be apportioned amonpthe several 
States according to their respective numbers, counting the whole 
number of persons in eacli State, excluding Indians not taxed. But 
when the right to vote at any election for the choice of Electors for 
President and Vice-President of the United States, Representatives 
in Congress, the executive and judicial officers of a State, or the 
members of the legislature thereof, is denied to any of the male in- 
habitants of such State, being twenty-one years of age and citizens 
of the United States, or in any way abridged, except for participation 
in rebellion, or other crime, the basis of representation therein shall 
be reduced in the proportion which the number of such male citi- 
zens shall bear to the whole number of male citizens twenty-one 
years of age in such State. 

Section 3. No person shall be a Senator or Representative in 
Congress. *» Elector of President and Vice-President, or hold any 



Constitution of the United States of America 323 

office, civil or military, under the United States, or under any State, 
who, having previously taken an oath, as a member of Congress, or 
as an officer of the United States, or as a member of any State legis- 
lature, or as an executive or judicial officer of any State, to support 
the Constitution of the United States, shall have engaged in insur- 
rection or rebellion against the same, or given aid or comfort to the 
enemies thereof. But Congress may by a vote of two thirds of each 
house, remove such disability. 

Section 4. The validity of the public debt of the United States, 
authorized by law, including debts incurred for payment of pen- 
sions and bounties for services in suppressing insurrection or re- 
bellion, shall not be questioned. But neither the United States nor 
any State shall assume or pay any debt or obligation incurred in aid 
of insurrection or rebellion against the United States, or any claim 
for the loss or emancipation of any slave ; but all such debts, ob- 
ligations, and claims shall be held illegal and void. 

Section 5. The Congress shall have power to enforce by appropri- 
ate legislation the provisions of this article. 

Article XV. — Section 1. The right of citizens of the United 
States to vote shall not be denied or abridged by the United States 
or any State on account of race, color, or previous condition of 
servitude. 

Section 2. The Congress shall have power to enforce this article 
by appropriate legislation. 



APPENDIX 13 

ARTICLES OF CONFEDERATION 1 

Articles of Confederation and Perpetual Union between the States oj 
New Hampshire. Massachusetts Hay, Rhode Jslanaand Providence 
Plantations. Connecticut, New York, Xew Jersey, Pennsylvania, 
Delaware, Maryland, Virginia, Xorth Carolina, South Carolina, 
and (ieoryia. 

kxnoLB I.— The style of this Confederacy shall be, "The 
United States of America. 91 

Ai:r. II.— Each State retains its sovereignty, freedom, and in- 
dependence, and every power, jurisdiction, and riglit, which is not 

by this Confederation expressly d e l eg ated to the United States in 

Congress assembled. 

Art. III.— The said States hereby severally enter into a firm 
league of friendship with each other, for their common def> 
the security of their liberties, and their mutual and general wel- 
fare, binding themselves to assist each other against all force of- 
fered to, or attacks made upon them, or any of uicm, on account of 
religion, sovereignty, trade, or any other pretense whatever. 

Art. IV. — The better to secure and perpetuate mutual friend- 
ship and intercourse among the people of the different States in 
this Union, the free inhabitants of each of these States, paupers, 
vagabonds, and fugitives from justice excepted, shall be entitled to 
all privileges and immunities of free citizens in the several States; 
and the people of each State shall have free ingress and egress to 
and from any other State, and shall enjoy therein all the privileges 
of trade and commerce subject to the same duties, impositions, 
and restrictions as the inhabitants thereof respectively ; provided 
that such restrictions shall not extend so far as to prevent the re- 
moval of property imported into any State to any other State of 
which the owner is an inhabitant; provided also, that no imposition, 
duties, or restriction shall be laid by any State *' ~ property of 

324 



Articles of Con/ah ration 325 

the United States or either of them. If any person guilty of, or 

charged with, treason, felony, or other high misdemeanor In anv 
State shall rlee from justice and be found in any of the United 
States, he shall, upon demand of the governor or executive power 
of the State from which he lied, be delivered up and removed to 
the State having jurisdiction of his offense. Full faith and credit 
shall be given in each of these States to the records, acts, and 
judicial proceedings of the courts and magistrates of every other 
State. 

Aut. V. — For the more convenient management of the general 
interests of the United States, delegates shall he annually appointed 
in such manner as the Legislature of each State shall direct, to 
meet in Congress on the first Monday in November, in every year 
with a power reserved to each State to recall its delegates, or any 
of them, at any time within the year, and to send others in their 
stead for the remainder of the year. No State shall be repre- 
sented in Congress by less than two, nor by more than seven mem- 
bers; and no person shall be capable of beings delegate for more 
than three years in any term of six years ; nor shall any person, 
being a delegate, be capable of holding any office under the 
United States for which he, or another for his benefit, receives 
any salary, fees, or emolument of any kind. Bach State shall 
maintain its own delegates in any meeting of the States and while 
they act as members of the Committee of the States, Ir. deter- 
mining questions in the United States in Congress assembled) i sen 
State shall have one rote. Freedom of speech and debate in Con- 
shall not be impeached or questioned in any court or place out 
of Congress; and the members of Congress shall be protected in 
their persons from arrests and imprisonment during the time of 
their going to and from, and attendance on, Congn I for 

treason, felony, or breach of the 

Art. VI.— No State, without the consent of the United St.it. -, 
in Congress assembled, shall send any embassy to, or receire any 
embassy from, or enter into any confen: nieiit, alliance, 

or treaty with any kin_ ill any ] 

holding any office of profit or trust under the United States, <>r any 

of them, aeoept of any present, emolument, office, <>r title of any 

kind whatever from any king, prince, or foreign state; nor shall the 

In Congress assembled, or any of them, -rant any 
title of nobility. 



326 Appendix B 

No two or more States shall enter into any treaty, confederation^ 
or alliance whatever between them, without the consent of the 
United States, in Congress assembled, specifying accurately the 
purposes for which the same is to be entered into, and how long it 
shall continue. 

No State shall lay any imposts or duties which may interfere 
with any stipulations in treaties entered into by the United 81 
in Congress assembled, with any king, prince, or state, in pursu- 
ance of any treaties already proposed by Congress to the courts of 
France and Spain. 

No vessels of war shall be kept up In time of peace by any 
State, except such number only as shall be deemed necessary by 
the United States, in Congress assembled, for the defense of lucb 
State or its trade, nor shall any body of forces be kept up by any 
State In time of peaee, exeept sueli number only as, in the judg- 
ment of the United States, in Congress assembled, shall be deemed 
requisite to garrison the forts necessary for the defense of such 
State; but every State shall always keep Up a well-regulated and 
disciplined militia, Sufficiently armed and accoutred, and shall 
provide and constantly have ready for USe in publl I due 

number of field-pieces and tents, and a proper quantity of arms, 
ammunition, and camp equips 

No State shall engage In any war without the consent of the 
United States, in Congress assembled, unless such State be actually 
invaded by enemies, or shall have received certain advice of a 
resolution being formed by some nation of Indians to invade Buch 
State, and the danger is SO Imminent as not to admit of a delay till 
the United States, in Congress assembled, can be consulted; nor 
shall any State grant commissions to any ships or vessels of war, 
nor letters of marque or reprisal, except it be after a declaration ot 
war by the United States, in Congress assembled, and then only 
against the kingdom or state, and the subjects thereof, against 
which war has been so declared, and under such regulations as shall 
be established by the United States, in Congress assembled, unless 
such State be infested by pirates, in which case vessels of war 
may be fitted out for that occasion, and kept so long as the danger 
shall continue, or until the United States, in Congress assembled, 
shall determine otherwise. , 

Art. VII. — When land forces are raised by any State for the 
common defense, all officers of or under the rank of Colonel shall 



Articles of Confederation 327 

be *p pointed by the Legislature of each State respectively by whom 
euch forces Bhall be raised, or in Bach manner as such State shall 
direct, and all vacancies shall he tilled up by the State which lirst 
made the appointment 

Art. VIII. — All charges of war, and all ether expense* that 
shall be incurred for the common defense, or general welfare, and 
allowed by the United States, in Congress assembled, Bhall be 
defrayed out of a common treasury, which shall be supplied by 
tiie several States in proportion to the value of all land within 
each State, granted to, or surveyed for, any person, as BUCfa land 
and the buildings and improvements thereon Bhall be estimated, 
according to such mode as the United States, in Coi 
sembled, shall, from time to time, direct and appoint. The taxes 
for paying that proportion shall be laid and levied by the authority 
and direction of the Legislatures of the several States, within the 
time agreed upon by the United States, in Congress assembled. 

Art. IX. — The United States, in Congress assembled, shall have 
the sole and exclusive right and power of determining on peace 
and war, except in the cases mentioned in the sixth Article ; of Bend- 
ing and receiving ambassadors ; entering into treaties and alliances, 
provided that no treaty of commerce shall be made, whereby t 1 
islative power of the respective States shall be restrained from im- 
posing such imposts and duties on foreigners as their own people are 
subjected to, or from prohibiting the exportation or importation of 
any species of goods or commodities whatever; of establishing 
rules f«*r deciding, in all cases, what captures on land and water 
shall be legal, and in what manner prizes taken by land or naval 
forces in the service of the United Statefl shall be divided <>r 
appropriated ; of granting letters of marque and reprisal in tin 
peace; appointing courts for the trial of piracies and felonlei com- 
mitted on the high seas; and establishing courts for receiring and 
determining finally appeal* in Jill casefl of captures; provided that 

no member of Congress Bhall be appointed a jndge of any of the 

•aid con: 

The United States, in Con. mbled, Bhall also be the last 

1 on appeal in all disputes and dj - now mbf 

that hereafter may arise between two or I mint? 

boundary, jurisdiction, or any otl • b author- 

ity shall alwayi I in the manner following: Wie- 

the lef ithority, or lawful agent <>f 



328 Appendix B 

in controversy with another, shall present a petition to Congress, 
stating the matter in question, and praying for a hearing, notice 
thereof shall be given by order of Congress to the legislative or 
executive authority of the other State in controversy, and a day 
assigned for the appearance of the parties by their lawful agent*, 
who shall then be directed to appoint, by joint consent, commis- 
sioners or judges to constitute a court for bearing and determining 
the matter in question; bnt if they cannot agree, Congress shall 
name three persons out of each of the United States, and from the 
list of such persons each party Bhall alternately strike out one, the 
petitioners beginning, until the number shall be reduced to thir- 
teen; and from that number not Less than BeYeD nor more than 

nine names, as Congress shall direct, shall, in the present 

Congress, be drawn OUt by Lot; and the persons whose names shall 
be so drawn, or any live of them, shall he commi>siom : 

judges, to hear and finally determine the controversy, so always m 

a major part of the judges who Bhall hear the cause shall agree in 

the determination; and if either party shall neglect to attend at 
the day appointed, without showing reasons which i shall 

judge sufficient, or being present, shall refuse to strike, the Con- 
gress shall proceed to nominate three persons out of each Stat.-, 
and the secretary of Congress shall strike in behalf of such party 
absent or refusing; and the judgment ami sentence of the court, 
to be appointed in the manner before prescribed, shall be final and 
conclusive; and if any of the parties shall refuse to submit to the 
authority of such court, or to appear or defend their claim or < 
the court shall nevertheless proceed to pronounce sentem 
judgment, which shall in like manner be final and decisive; the 
judgment or sentence and other proceedings being in either 
transmitted to Congress, and lodged among the acts of Congress 
for the security of the parties concerned ; provided, that every 
commissioner, before he sits in judgment, shall take an oath, to be 
administered by one of the judges of the supreme or superior court 
of the State where the cause shall be tried, M well and truly to hear 
and determine the matter in question, according to the best of his 
judgment, without favor, affection, or hope of reward." Provided, 
also, that no State shall be deprived of territory for the benefit of 
the United States. 

All controversies concerning the private right of soil claimed 
under different grants of two or more States, whose jurisdictions. 






Articles of 329 

as they may reaped such lands, and the States which passed inch 

grants are adjusted, the said grants or either of them being at the 
same time elaimed to have originated antecedent to such settlement 
of jurisdiction, shall, on the petition of either party to the Con- 
- of the United States, he finally determin IT as may 

be, in the same manner as is before prescribed for deciding 
pates respecting territorial jurisdiction between different Stat i. 

The United States, in Congi is assei hare the 

sole and exclusive right and power of regulating the alloy and 
value of coin struck by their own authority, or by that of the 

live States; fixing the standard of weights and meal 
throughout the United States ; regulating the trade and managing 
all affairs with the Indians, not members of any of the St 
provided that the legislative right of any State, within its own 
limits, be not infriuged or violated; establishing and regulating 
post-offices from one State to another, throughout all the United 
-.and exacting such postage on the papers passing through 
the same as may be requisite to defray the expenses of th< 
office; appointing all officers of the land forces in the serri 
the United States, excepting regimental officers; appointing all the 
officers of the naval forces, and commissioning all officers whal 
in the service of the United States; making rules for the u r <>ven>- 
ment and regulation of the said land and naval forces, and din 
their operations. 

The United States, in Congress assembled, shall have authority 
to appoint a committee, to sit in th IS, to be 

denominated * 4 A Committee of the States," an 1 to I one 

delegate from each State, and to appoint such Other count. 
and civil officers as may be necessary for managing the general 
affairs of the United States under their direction; to appoint one 
of their number to preside: provided that no ]• lllowed to 

in the office of president more than one year in any term of 

Mim- of money t" be 
1 for the service of the Unit S -. and to appropriafc 
apply • i me for defraying the pnbli to borrow 

money or emit bills on t m-mitting 

- to the n ''int of tl 

moo' itted : to build and 

agree upon the number of land ''id to make r 

from each State for its quota, in proportion to the number of white 



330 Appendix B 

inhabitants in such State, which requisition shall be binding ; and 
thereupon the Legislature of each State shall appoint the regi- 
mental officers, raise the men, and clothe, arm, and equip them in a 
soldier-like manner, at the expense of the United States ; and the 
officers and men so clothed, armed, and equipped shall march 
to the place appointed, and within the time agreed on by the 
United States, in Congress assembled ; but if the United States, in 
Congress assembled, shall, on consideration of circumstances, judge 
proper that any State should nut raise men, or should raise a 
smaller number than its quota, and that any other State should 
raise a greater Dumber of men tluu the quota thereof, sueli extra 
number shall be raised, officered, clothed, armed, and equipped in 
the same manner as the quota of such State, unless the I 
lature of BUCh State shall judge thai such extra number can not he 
safely spared out of the same, in which case they shall raise, otlicer, 

clothe, arm, and equip as many of such extra number ai they 

judge can he safely spared, and the officer! and men so clothed, 
armed, and equipped shall inarch to the place appointed, and 
within the time agreed on by the United States, in Congress as- 
sembled. 

The United States, in Congress assembled, shall never enga_ 
a war, nor grant letters of marque and reprisal in time of p 
nor enter into any treaties or alliances, nor coin money, nor regu- 
late the value thereof, nor ascertain the sums and expenses neces- 
sary for the defense and welfare of the United States, or any of 
them, nor emit bills, nor borrow money on the credit of the 
United States, nor appropriate money, nor agree upon the number 
of vessels of war to be built or purchased, or the number of land 
or sea forces to be raised, nor appoint a commander-in-chief of the 
army or navy, unless nine States assent to the same, nor shall a 
question on any other point, except for adjourning from day to day, 
be determined, unless by the votes of a majority of the United 
States, in Congress assembled. 

The Congress of the United States shall have power to adjourn 
to any time within the year, and to any place within the United 
States, so that no period of adjournment be for a longer duration 
than the space of six months, and shall publish the journal of their 
proceedings monthly, except such parts thereof relating to treaties, 
alliances, or military operations as in their judgment require 
secrecy ; and the yeas and nays of the delegates of each State, on 



Articles of Confederation 33] 

any question, shall be entered on the journal when it is desired by 
any delegate; and the delegates of ■ State, or any of them, at his 
or their request, shall be furnished with i transcript of the said 

journal except such parts as arc above excepted! to lay before tlie 
Legislatures of the several States. 

Art. X.— The Committee of the States, or any nine of them, 
shall he authorized to execute, in the recess of Congress, inch of 
the powers of Congress as the United States, in Congress assembled, 

by the consent of nine States, shall, from time to time, think ex- 
pedient to vest them with; provided that no power be delegated to 
the said Committee, for the exercise of which, by the Artie 1 
Confederation, the voice of nine States in the Congress of the 
United States assembled is requisite. 

Art. XL— Canada, acceding to this Confederation, and joining 
in the measures of the United States shall be admitted into, and 
entitled to all the advantages of this Union; but no other colony 
shall be admitted into the same, unless such admission be agreed 
to by nine States. 

Art. XII. — All bills of credit emitted, moneys borrowed, and 
debts contracted by or under the authority of Congress, before the 
assembling of the United States, in pursuance of the present Con- 
federation, shall be deemed and considered as a charge against the 
United States, for payment and satisfaction whereof the said 
United States and the public faith are hereby solemnly pledged. 

Art. XIII. — Every State shall abide by the determinations of 
the United States, in Congress assembled, on all questions which 
by this Confederation are submitted to them. And the Articles of 
this Confederation shall be inviolably observed by every State, 
and the Union shall be perpetual; nor shall any alteration at any 
time hereafter be made in any of them, nnlesi such alteration be 
agreed to in a Congress of the United States, and be att« r 
confirmed by the Legislatures of every State. 

And wiikrkas it hath pleased the great Oovernor of the world to 

incline the hearts of the Legislatures we respectirely represent in 

Congress to approve of, and to authorize us to ratify, the 
Articles of Confederation and perpetual Union, know ye, that we, 

the undersigned delegates, by virtu, of the power and authority to 

ren for that purpose, do, by these pre* uts, in the name and in 

behalf of our respectiTe constituents, fully and entirely ratify and 

confirm each and every of t:. ition and 



332 



Appendix B 



perpetual Union, and all and singular the matters and things therein 
contained. And we do further solemnly plight and engage the 
faith of our respective constituents, that they shall abide by the 
determinations of the United States, in Congress assembled, on all 
questions which by the said Confederation are submitted to them ; 
and that the Articles thereof shall be inviolably observed by the 
States we respectively represent, and that the Union shall be per- 
petual. In witness whereof, we have hereunto set our hands in 
Congress. Done at Philadelphia, in the State of Pennsylvania, the 
ninth day of July, in the year of our Lord 1778, and in the third 
year of the Independence of America. 



APPENDIX C 



REFERENCE BOOKS 

The books named in the lists that follow have been used in the 
preparation of this volume. Those marked (*) are especially 
recommended for high schools. 

Original Sources 

♦American History Leaflets. Lovell. 

•Hart, American History Told by Contemporaries. Macmillan. 

Elliot, Debates, 5 volumes. 

•The Federalist. Scott, Foresman & Co. 

•Madison, Journal of the Constitutional Convention. Scott, 

Foresman & Co. 
•Old South Leaflets. Heath. 

Publications of the Government Printing Office, WasHDTOTOI 

•Abridgment of the President's Message and Accompanying Due 

uments. 
Bulletins of the Bureau of American Republics. 
*Civil Service Commission, Annual Reports. 
•Commissioner of Labor, Annual and Special Report*. 
•Commissioner of Education, Annual Reports. 
♦Congressional Directory. 
•Congressional Record. 
Consular Reports. 
Donaldson, Public Domain. 
•Finance Reports. (Secretary of tie- Tr.-a.-ury.) 
•Interstate Commerce OommiMion, Annual Reports. 

•Manual and Digest of the House of ReprOSCDtal 

•Public Debt Statement 
♦Statistical Abstract. 

138 



334 Appendix C 

Special Publications (not by the Government) 

International Prison Conference Reports. 

Proceedings of the National Conference of Charities and Correc- 
tions. 

Genkral Works 

*Alton, Among the Law Makers. Scribner. 

Andrews, An Honest Dollar. Hartford Student Pub. Co. 

^Andrews, History of the Last Quarter Century. Scribner. 

Bagehot, The English Constitution Appleton. 

^Bancroft, History of the United States. Appleton. 

*Bliss, Encyclopedia of Social Reform. Funk A WagnallsCo. 

Boone, Education in the United States. Appleton. 

Brooks, How the Republic is Governed, Scribner. 

*Bryce, American Commonwealth. Macinillan. 
Bullock, Introduction to the Study of Economics. Silver, Bur 
dett ft Co. 

♦Burgess, The Middle Period. Scribner. 

♦Channing, A Student's History of the United States. Macmillan. 

Cooley, Constitutional Limitations. Little, Brown A 

•Cooley, Principles of Constitutional Law. Little, Brown ft Co. 

*Curtis, The United States and Foreign Powers. Scrihner. 
♦Clow, Introduction to the Study of Commerce. Silver, Bur- 

dett & Co. 
Commons, Proportional Representation Crowell. 
*Conkling, City Government in the United States. Appleton. 
♦Dole, Talks Ahout Law. Houghton. Mifflin & Co. 
Devlin, Municipal Reform in the United States. Putnam. 
Earle, Child Life in Colonial Days. Macmillan. 
Earle, Curious Punishments of By-gone Days. II. E. Stone & 

Co. 
Ely, Problems of To-day. Crowell. 
*Ely, Outlines of Economics. Macmillan. 
Ely, Trusts and Monopolies. Macmillan. 
Ely, Taxation in American States and Cities. Crowell. 
Fisher, S. G., The Evolution of the Constitution of the United 

States. Lippincott. 
♦Fisher, The Colonial Era. Scribner. 

*Fiske, Beginnings of New England. Houghton, Mifflin & Co. 
Fiske, Old Virginia and Her Neighbor/ TT ghton, Mifflin & Co- 






Reference Hooks 335 

*Fiske, American Kevolution. Houghton, Mifflin & Co, 

'Hake, Critical Period of American History. Houghton. Mitlliu 
ft CO. 

*Fiske, Civil Government in the United States. Houghton, 
Mifflin A Co. 

Follett, The Speaker. Longmans. 

Frothingham, Rise of the Republic. Little, Brown A Co. 

Godkin, Problems of Democracy. Scribner. 

GrOOdnoW| Municipal Problems. Maemillan 

Grinnell, The Indians of To-day. Stone. 

* Harrison, This Country of Ours. Scribner. 

Hart, Essays on American Government. Longmans, Green ft Co. 
Hart, Formation of the Union. Longmans, Green ft Co. 

Hinsdale, The Old Northwest. Silver, Burdetl & (\>. 

*Hinsdale, The American Government. Werner School Book Co. 

Hitchcock, American State Constitution-. Putnam. 

*Hosmer. Samuel Adams. American Statesmen Series. Hough- 
ton, Mifflin ft Co. 

Howe, Taxation and Taxes in the United States Under the In- 
ternal Revenue System. Crowell. 

Jenks, The Trust Problem. McClure, Phillips & Co. 

•Johnston, American Politics. Holt. 

Knox, United States Notes. Scribner. 

Laughlin, Elements of Political Economy. Appleton. 

Lawrence, The Principles of International Law. Heath. 

♦Lodge, Alexander Hamilton. American Statesmen Series. 
Houghton, Mifflin & Co. 

*Macy, Our Government. Ginn. 

*Magrnder, John Marshall. American Statesmen Series. Hough- 
ton, Mifflin &, Co. 

IfcConachie, Congressional Committees. Crowell 

'McMaster, History of the People of the United States. Appleton, 

'McLaughlin, Bistory of the American Nation. Appleton, 

Municipal Program. A. Maemillan. 
'Newspaper Almanacs. 

ea, Thirty Years of American Finance (1865 L896). Put- 
nam. 
Plehn, Introduction to Public Finanee. Maemillan. 
■n. Primary Elections. Putnam. 

-. Bow the oth.-r Half I. ritmer. 

Robinson, Elementary Law Little, BrOWD v.v Co. 



336 Appendix C 

•Schouler, History of the United States. Dodd, Mead & Co. 

Seligman, Essays on Taxation. Macmillan. 

Shaw, Municipal Government in Continental Europe. The Cen- 
tury Co. 

Shaw, Municipal Government in Great Britain. The Century Co. 

*Sloane, The French War and the Revolution. Scribner. 

Sparling, Municipal History and Present Organization of the City 
of Chicago. Bulletin 23, University of Wisconsin. 

Stanwood, History of Presidential Elections. Houghton, MihMin 
& Co. 

Stearns, Columbian History of Education in Wisconsin. 

Story, Commentaries on the Constitution. 

Stevens, Sources of the Constitution of the United States. Mac- 
millan. 

Taussig, The Silver Situation in the United States. Putnam. 

♦Taussig, Tariff History of the United States. Putnam. 

Thwaites, The Colonies. Longmans, (Jreen & Co. 

Tolman, Municipal Reform Movements Kivell. 

Tyler, Patrick Henry. American Statesmen Series. Houghton, 
Mifflin & Co. 

Walker, Political Economy. Holt. 

*Walker, The Making of the Nation. Scribner. 

Watson, History of American Coinage. Putnam. 

Warner, American Charities. Crowell. 

White, Money and Banking. Ginn. 

*Wilcox, The Study of City Government. Macmillan. 

♦Wilson, The State. Heath. 

•Wilson, Congressional Government. Houghton, Mifflin ft Co. 

•Wilson, Division and Reunion. Longmans, Green & Co. 

Wines and Korcn, The Liquor Problem in its Legislative Aspects 
Houghton, Mifflin & Co. 

Wright, Industrial Evolution of the United States. Flood Ik Via 
cent. 

•Wright, Practical Sociology. Longmans, Green & Co. 









INDEX 



Am: ix [STRATI VE DEPARTMENTS, 

city, 2S-30 
Administrative officers, state, 19- 

20 
Agricultural colleges, S3 
Agriculture, department of, 255- 

256 
Alaska. 275 

Albany Congress, 9S-99 
Alexandria Conference, 106 
Ambassadors, 246-247, 259 
Amending the Constitution by 

usage, 224 
Amendments to the Constitution, 

chap. 29 
Annapolis Convention, 106-107 
Annapolis Naval Academy, 251 

Is, 65 
Appointment, President's power 

of. 235-210 
Apportionment of Representatives, 

134-135 
Appropriation of money, 60 
Appropriations by Congress, 170 
Arbitration, international, 304-307 
Arbitration, legal, 69; labor, 94-95 
Army of the United States, 200- 

201 

it, 82 -03 
Articles of Confederation, 102-104, 

105, 162 
Assessment. 5 I 
Attainder, bill of, 
Auditing accounts, oo-6l 
Australian ballot system, 45-46 

Bail, 63 

Ballot, 45-46. 53 

Bank, see National Banks 

Banking, 92 

Bankruptcy laws, 193 

Bill of Rig LI; U.S., 

Bills b chap. 16 

Bimetallism, 183 

Bl ark mail. 13 

Bland Act, 183 

Bonded wran bouse, 16 1 

Bonds, National, 17 1 172 



Bonds, official, 23 
Bullion, 181 

Cabinet, chap. 25 

Cabinel Bystem of government 

157-159, 161 
Calendar Wednesday, 148 
Calendars In Congress, i 18 
Campaign funds, National, 219 
Canvass, 46-47 

Capital, location of, 203 204, 207 
Caucus, and convention system, 

47-49 
Caucus, in Congress, 154 
Census of the United States, 127 

136 
Central bank, 188, 190 
Charitable institutions, chap. 8 
Charters of cities. 27 
Chicago riots, 273 
Chinese exclusion, 175, 180 
Circuit Courts of the United 

States, 262 
Cities, European, 39-40, 42 
Cities, growth of, 32, 39 
Citizen's duty. 38, 52 
Citizenship, 191-193, 292-293 
City government, chap, i 
Civic spirit 
Civil cast s, 62, 65 
Civil Service Reform In cities, 30- 

31; National. 238 240, 242, 248 
Coin- and coinage, chap. 19 

Colonial governments, 10 

Colonial nlatini 

Colonies made States, n>2 

Commerce Court, 177 

Commerce, foreign, i7i 175; In- 
terstate, 176 179 

Commerce, power ofl I over! 

chap. 18 

Commerce and Labor, department 

of, 
Commissioner type ofl local govern- 

mei • 

tern in State l< 

■ 

16 



337 



338 



Index 



Committee of the Whole, 150-151 
Committee, National, 218-219 
Committee on Rules, 154-155, 156 
Committees of Correspondence, 105 
Common carriers, 87-88 
Common law, 95 
Conciliation, 69 

Confederation, Articles of, see Ar- 
ticles of Confederation 
Confederation between 1690 and 

1754, 98 
Conference committees, 151-152 
Conference of Governors, 92, 285 
Congress, Continental, 100-101; 
under the Constitution, chap. 
14; procedure In, chap. 
powers of, chap. 18; Beasions of, 

122 12 1; special BeSSiODS, 2 1 1 

Connecticut compromise, 1 1 1 

Conservation of natural resources, 
88, 92, 284 285 

Constitution of r. s., Appendix 
A; amendments of, chap. 
amendment by usage, 224; con- 
struction of, 204 200, origin of, 
117; ratification, 111-116; sign- 
ers, 1 1 1 

Constitutional convention (1787 , 
chap. 13; delegates to, 107 108; 
compromises, 111-113; Madi- 
son's .Journal, 108 

Constitutions (State), 10, 11 

Consuls, 247, 259 

Contraband of war, 302-303 

Contracts, obligation of, 211 

Conventions, National, 210 220 

Conventions, political, 48-49 

Conventions, State constitutional, 
10 

Copyright, 190-198 

Corporation taxes, 57-58, 166, 173 

Corporations, 13; bureau of, 179 

Corrupt practices acts, 51-52 

Council, city, 27 

County type of local government, 3 

Courts, see Judiciary 

Criminal cases, 62 

Cuba, 276 

Custom houses, 163 

Debts of cities, 32; of U. S., 170- 

172 
Declaration of Independence, 102 
Defectives, 72 

Departments, executive, chap. 25 
Dependent children, 71 
Diplomatic bureau, 246-247 
Direct legislation, 14, 17 
Direct nomination, 49 



District courts of the T T . B., 262 
District of Columbia. 203-204 
Duties, customs, 162-164 

Educational systems, chap. 9 
Elections, chap. 5 
Electoral Commission, 
Electors, Presidential, 214-216, 

222 221 

Emergency currency. 
Eminenl domain, L' 
Equalization of tax. - 
European cities, 80- I 
Excise taxes, see Internal i 

enue 

itive departm , 18- 

20; rj. s.. chaps, 22. 25 

lenditures, National, 170 
Ex post facto laws, 200 
Extradition, 272 

Federalist, Tuh, 1 15-1 16 
Feeble-minded person 

official, 00 
Felony, 100 
Filibustering, 155 

Finances, City, 31-32; National, 

chap. 17; public, cha 

Foreign population of <it 1. 

Franchise I 
Franchisee 

Franklin, Benjamin, 114; plan of 
Union, ( .»o 

coinage, 182-188 
Free delivery of mail. 105 

Fugitive criminals, 272 

Fugitive slaves, 271 

Gerrymander, 12, 185, 136 

Gladstone, William 1:., 1 17 
Gold certificate s, 186 
Governors of states, is-19 
Grand jury. 63 
Guarantee of bank deposit 

Habeas Corpu» t 209 

Hague, Peace Conference, 304-307 
Hamilton. Alexander, 110 
Hawaii, 275 
Health, public, S5-S6 
High license, 91 
Home rule for cities, 33 
Homestead law. 

House of Representatives, 121-123; 
see also chap. 15 

Immigration- law. 175-176, 180; 
commissioner of, 257 



Index 



339 



Impeachment. 138-130 

Implied powers of Congress, 204- 

206, 207 

Inauguration of President, 230, 232 
Income taxes, State, 50; National, 
168-100, 173 

Indeterminate sentence, 7 1. 77 
Indians, 27)4 
Indictment, 63 
Industrial education, 95 
Inheritance taxes, 58 
Initiative, 14, 37 
Injunctions, 05, 00 
Insane persons. 72-73 
Insular casts. 277 
Insurance, 91-92 
Insurgents, 150-157, 161 
Interior, department of, 253-254 
Internal improvements, 178, 207 
Internal revenue system, 165-166 
International arbitration, 304-307 
International law, chap. 31 
Interstate commerce, 176-179 
Interstate commerce law, 176-177 
Irrigation, 2S4, 286 

Judgment of the court, 64 

Judicial trials, chap. 7 

Judiciary, city, 28; National, chap. 

26; State, 20-21 
Jurisdiction of U. S. courts, 263- 

265 
Jury, grand, 63, 267-26S; petit, 64 
Jury system, 67-68, 69, 266 
Justice, department of, 252 
Juvenile courts, 42, 75 

Labor bureaus, 95; department 
of, 256-257; legislation, chap. 11 

Land of the U. B., 278-285, 286; 
grants of, 82-83, 84, 283, 284 

I 

ler, definition, 184 

attires, 11-12, 15; restric- 
tions upon, 12-13 
mploymenl 
lio 

rvice, 249 
Liquor laws, 80-01 
Lobby, 13 

Local option, 90 

Lynch la- 

Machine POUTICB, 51 
Madison's Journal of Constitution- 
al vr-m ion. 
Mail matter. r-la«»>«--. 191 
Marqu 



Marshall, John. 270. 277 
Mayor, 27. 80 

President's, 2 j 1 

Military powers of Oongll 38, 109 

203; of President, 238 211 
Militia. 10, 202 203, 200 
Ministers, foreign, 246 217, 259 

Mints, is] 

Monty of the V. 8., chap. 19 

Municipal art. 30, 11; functions, 
38 30; government, chap. 4; 
ownership, 85, 41; reform 
movements, .".'.1 

National banks, 187 i ss 
National Conventions, 210 220 
Natural monopolies, 
Naturalization, 101-103 
Navigation laws. 175 
Navy, department of, 251 252; of 

the U. 8., 2(H 207 

Negro Buffrage, Bee Suffra 

Neutral nations, rights of. 302-303 
New England colonies, 1-2; con- 
New Jersey Plan, 109-110 
Nobility, titles of, 210 
Nomination systems, 47-50, 53 
Northwest Territory, 27 1 

Oath of office, 23, 230 
Ordinance of 1787, 27 1. 286 
Oregon plan of electing Snators, 
133-134 

Pairs, in Congress, 150 

Panama Canal, 17S, 276 

Parcels post, LOO, 206 
Pardons, 23 I 

'::. 3 
Parliament of England, 17,7-160 
Parole, 7 1 

Parties. 1 olitical, 50 51, 58 
Party committees, 17 
Party government, chj 
Party polities in city govern:; 

. official, - 
Paupei 
Penal Lnstitutioi 

Penh 

Philippin- 

Pincki 110 

I 



340 



Index 



Playgrounds, 42 

Police powers, chap. 10 

Poll tax, 59 

Poor, 70-71 

Popular election of Senators, 133- 
134 

"Pork," 170 

Porto Rico, government of, 275 

Ports of entry, 175 

Post office, department of, 252- 
253; system, 193-196 

Postal savings banks, 194-195 

Preamble to the Constitution, 118 

Preliminary examination, 64 

Presentment, 63 

President of U. 8., chap-. 22 25; 
election of, chaps. 22, 2.'}; pow- 
ers and duties of, chap. 2 1 

Presidential sneeession, 229 

Primaries, 47 

Primary election system, 49-5' 

Prison labor, 75 

Prisons, 7 1 75 

Privateers, 200, 302 

Prohibition, 90, 02 
Property tax, see Taxation 
Proportional representation, 11 15 
Public lands, chap. 28 

Public utilities, 86, B8 

Pure Food law, 178, 180 

Quorum in Congress, 140, Ml, 1 56 

Railroad regi lation, 87, 92, 
176-180 

Recall, 37 

Reciprocity, 165 

Recognition, 156 

Referendum, 14, 37 

Reform movements, 39 

Reformatories, 74 

Refunding of bonds, 172 

Registration, 41 15 

Relief, out-door, 70; in-door, 71 

Repeating, 44 

Representatives, apportionment of, 
125-12S; election of, 124; quali- 
fications of, 124 

Reprieve, 233 

Resumption of specie payments, 
185 

Revenue bills in Congress, 169 

Rotation in office, 237 

Rules of the House of Representa- 
tives, 141 

Rural delivery of mail, 195-196 

Salaries of Congressmen, 143 
Samoan Islands, 276 



Sanitation, 85 

School revenues, 81-82 

School systems, chap. 9 

Schools, city, 79; district, 78; 
township, 78; colonial, 84; su- 
pervision, 79 ff. 

Selectmen, 2 

Senate of T. S., see chaps. 14, 15 

Senatorial courtesy, 236 

Senators, qualifications of, 131; 
election of, 129-134 

Sherman Act, 183 

Ship subsidies, 175, 180 

Short ballot. 22 

Silver certificates, 186 
slaw trade, 20s 
Smuggling, 164 
Speaker of the House of Et 

sentatives, 128-120, 155-157, 

161 
spoils system, 237 - 
stamp Act Congress, 99-100 
standard ( >ii Company, 17*.> 
State, department of. 246 247 
state sovereignty, 2 
States, government, chaps. 2. 3; 

relations to l\ S.. chaps. 27, 30 

stock watering, 34-35 
Strike.. 94 
Subpoena, 64 

Subsidiary silver, Is 1 

Suffrage, 49 1 1; negro, 9, 122 
Summons, 66 

Superintendent of school- . 

Supervisor system of local govern- 
ment, 5 

Supreme Court of U. 8., 261, 
Survey, r. s. Government, 2 

Tabtjt, 164-166, 172, 173 

Taxation, chap. 6; of corporations, 
57-58, 166, 173; franchise tfl 
58; Inheritance I in- 

come taxes, 69; local and Si 
54-59; National, 162-169; poll 
tax, 59 

Taxes, direct and indirect, 167-168 

Territorial cases, 277 

Territorial delegates, 128 

Territories, chap. 2S 

Territory, admission of, 27S-279; 

Town type of local government, 2; 
township-connty type, 4 

Trade unions, 94 

Tramp problem, 71, 76 

Treason, 268-269 

Treasury, department of, 247- 
249 



Index 



341 



Treasury notes. 1ST 
Treaties. 234-235 
Trials, judicial, chap. 

courts. 266- 26S 
Trusts, 178-179, ISO 



In r. s. 



Undervalvatiox, 56 
Unemployed persons, vi 
Uniformity of state laws. 15 
Union, steps leading to, chap. 

12 
United States notes, 1S4-1S6 

wties. in House of Represen- 
tatives. 12S; in Senate. 130, 131 
Valuation of property, 54-56 
Venire. 64 
Verdict. 64 
Vestry, 3 
Veto, 152-153 



Yu, -Pr. -idem of V. S.. 181- 132. 

225. 22S, 220 
Villas 

Virginia local government, 3 

Virginia Plan, no in 

Voting, methods in Congress, 150 

Was, declaration of, 200; depart- 
ment of. 249 161 

Waterways. 17s, 180 
Weather bureau. 266 

Weights and moaourea, Btandard of, 

188, 189 

Weal Point Military Acadt-mv, 

250-251 
Whiskey Rebellion. 166 
Woman Suffrage, 44, 53 
Writ of error, 65 

Yeas and Nays, 142 



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